Felthouse v. Bindley
Felthouse offered to buy his nephew’s horse for a price and said that if he heard no reply from the nephew, he would assume that his offer had been accepted. The nephew intended to accept the offer but having no other means to accept, he remained quiet. He informed the auctioneer to reserve the horse during the auction but the auctioneer forgot and sold the horse during the auction sale. Felthouse sued the auctioneer for the tort of conversion but the issue was whether the horse even belonged to him at the time of the sale. The court held that there was no acceptance as there was nothing to show or prove that there was an acceptance as silence cannot constitute an acceptance. There must be some something done or said for a valid acceptance to take place. Acceptance must be communicated; mental or internal acceptance is not enough, there must be external proof.
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