Mr. Patil wanted to purchase a horse from his nephew, but the price he offered to pay for the horse was less than that his nephew was willing to sell it for. The horse, therefore, was still in his possession. The Uncle communicated his offer through a letter, saying, "If I hear no more about him, I consider the horse mine at 10000 Rs. The nephew could not respond to the letter because he was busy with an auction on his farm. Though he asked the auctioneer, Mr. Bindley, not to auction the horses, he accidentally did. Mr. Patil then sued the defendant for conversion of his property. The defendant argued that the horse was not actually Mr. Patils’s property, as there existed no contract between him and his nephew at the time of the auction because Mr. Patil’s offer was not accepted by his nephew and the nephew’s silence cannot be considered to be an acceptance of the offer. Can a person’s silence be considered acceptance? (10 Marks)
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yes
because Sometimes silence means you accept the offer whether you like it or not.
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