310. Contract Formation Acceptance By Silence

310. Contract Formation--Acceptance by Silence Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 Ordinarily, if a party does not say or do anything in response to another party's offer, then he or she has not accepted the offer. However, if [name of plaintiff] proves that both [he/she/it] and [name of defendant] understood silence or inaction to mean that [name of defendant] had accepted [name of plaintiff]'s offer, then there was an acceptance. ___________________________________________________________________________ New September 2003