Ratio Decidendi
Silence, or a mere unexpressed mental assent, cannot amount to acceptance of an offer. An offeror is not entitled to stipulate that the offeree's silence will be treated as acceptance so as to impose a contract on them; acceptance must be communicated by words or conduct. Because no contract came into existence between uncle and nephew, the uncle had no proprietary interest in the horse capable of founding an action in conversion against the auctioneer.
Ffeithiau
Paul Felthouse wanted to buy a horse from his nephew. After some confusion over the price, he wrote to the nephew: 'If I hear no more about him, I consider the horse mine at £30 15s.' The nephew did not reply, but he did intend to sell to his uncle and told the auctioneer, Bindley, who was selling his farm stock, to keep that horse out of the sale. Bindley mistakenly sold the horse to a third party. Felthouse sued Bindley in conversion, which required him to show that he owned the horse.
Crynodeb o'r dyfarniad
The Court of Common Pleas held that there was no concluded contract between Paul Felthouse and his nephew for the sale of the horse, so Felthouse had no title to it and could not sue the auctioneer Bindley in conversion. Although the nephew had privately intended to accept his uncle's offer and had told Bindley to withdraw the horse from the auction, he had never communicated his acceptance to his uncle. The uncle's letter — 'If I hear no more about him, I consider the horse mine at £30 15s.' — could not turn the nephew's silence into acceptance: an offeror cannot impose acceptance by treating silence as assent. Willes J held that, because there was no binding contract at the time Bindley mistakenly sold the horse, no property in it had passed to Felthouse and his action in conversion accordingly failed.
Dyfyniadau allweddol
"It is clear that the uncle had no right to impose upon the nephew a sale of his horse for £30 15s. unless he chose to comply with the condition of writing to repudiate the offer."
— Willes J
Triniaeth ddilynol
Fundamental authority that silence does not constitute acceptance. Now reinforced by the Consumer Protection (Distance Selling) Regulations preventing inertia selling.
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