Reviewed case brief

Felthouse v. Bindley

(1862) 11 CBNS 869; 142 ER 1037

## Summary

silenceacceptancecommunication-of-acceptanceofferor-cannot-imposecontract-formation
Court
Court of Common Pleas (England)
Year
1862
Subjects
Law of Contract I
Reviewed
2026-06-23

Rule established

Silence or inaction cannot constitute acceptance of an offer; an offeror cannot impose acceptance by stipulating that silence shall amount to consent.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        (1862) 11 CBNS 869; 142 ER 1037; verified via Wikipedia, lawteacher.net, australiancontractlaw.info, oxbridgenotes.co.uk, theoryofabrogation.com

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.