Regarding acceptance by silence, which statement is true in general?

Regarding acceptance by silence, which statement is true in general?

• A. Silence is always acceptance
• B. Silence is never acceptance
• C. Silence may be acceptance if the offeree takes offered services, has a reasonable opportunity to reject, and has reason to know payment is expected
• D. Silence by itself constitutes a valid acceptance if the offeror is a merchant

Answer: (C)

The idea being tested is that silence is generally not acceptance, but there is a recognized exception. If the offeree begins to receive offered services (or uses offered goods) and has a reasonable chance to reject, while knowing that payment is expected, the offeree’s continued performance can function as acceptance. In that situation, silence isn’t just passive neglect—it signals agreement to the offer because the offeree benefits from the services and there’s a reasonable expectation of payment. So this option is best because it captures that specific exception: silence may count as acceptance when the offeree takes the offered services, has a reasonable opportunity to reject, and knows that payment is expected. The other statements are too broad or rely on a rule that doesn’t exist in general. Silence is not always or never acceptance, and simply being a merchant does not automatically make silence acceptance.

The idea being tested is that silence is generally not acceptance, but there is a recognized exception. If the offeree begins to receive offered services (or uses offered goods) and has a reasonable chance to reject, while knowing that payment is expected, the offeree’s continued performance can function as acceptance. In that situation, silence isn’t just passive neglect—it signals agreement to the offer because the offeree benefits from the services and there’s a reasonable expectation of payment.

So this option is best because it captures that specific exception: silence may count as acceptance when the offeree takes the offered services, has a reasonable opportunity to reject, and knows that payment is expected. The other statements are too broad or rely on a rule that doesn’t exist in general. Silence is not always or never acceptance, and simply being a merchant does not automatically make silence acceptance.