FELTHOUSE V BINDLEY [1862] EWHC CP J 35

Facts

The complainant, Paul Felthouse, had a conversation with his nephew, John Felthouse, about
buying his horse. After their discussion, the uncle replied by letter stating that if he didn’t hear
anymore from his nephew concerning the horse, he would consider acceptance of the order done
and he would own the horse. His nephew did not reply to this letter and was busy at auctions. The
defendant, Mr Bindley, ran the auctions and the nephew advised him not to sell the horse.
However, by accident he ended up selling the horse to someone else.

Issues

Paul Felthouse sued Mr Bindley in the tort of conversion, with it necessary to show that the
horse was his property, in order to prove there was a valid contract. Mr Bindley argued there was
no valid contract for the horse, since the nephew had not communicated his acceptance of the
complainant’s offer. The issue in this case was whether silence or a failure to reject an offer
amount to acceptance.

Held

The court held that there was no contract for the horse between the complainant and his
nephew. There had not been an acceptance of the offer; silence did not amount to acceptance and
an obligation cannot be imposed by another. Any acceptance of an offer must be communicated
clearly. Although the nephew had intended to sell the horse to the complainant and showed this
interest, there was no contract of sale. Thus, the nephew’s failure to respond to the complainant
did not amount to an acceptance of his offer.

Opinion

In my point of view, I agreed the decision of the court, because silence is a situation when
offeree refuse to give answer to accept an offer. Since, silence or failure to act is a common human
condition and does not always unequivocally indicate acceptance of a contractual offer. In the
terms of the offer did not convert silence into an action. Hence, the offer must be expressed in
usual and reasonable manner, unless the proposer describe the manner which is to be accepted.
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