SUB SILENTIO. Silently, without any notes being taken. Sometimes handing over a thing is proof of sub silentio approval. See silence. Once the offer is submitted and accepted, the two parties are bound by the agreement and not before. If the proposal or adoption is made in a different way than the words, the promise is considered implicit. [iv] Acceptance must have the effect of communication, even if it is implicit. [v] Acceptance can also be made in written or spoken words. The most important thing in both cases is that the acceptance must be communicated to the bidder either by the bidder or by a duly accredited representative on its behalf. Compliance with the terms of the proposal is also the adoption of the proposal. [vi] In certain circumstances, the Offeree`s silence, as well as its behaviour, also boils down to acceptance. This is called the sub silentio chord. Handing over a sub silentio thing can be proof of consent.
If an offer is accepted, it results in an agreement. No contract can be entered into between two parties without acceptance of the offer. Here is the definition of adoption under the Indian Contract Act, 1872 [iii] – “If the person to whom the proposal is made means consent, it is said that the proposal will be accepted. A proposal, if accepted, becomes a promise. Under the Indian Contract Act of 1872, a contract is a legally applicable agreement. [i] So, contract – an agreement – is by law. The formation of the contract itself may be explicit or implicit. Offer and receipt are two essential conditions for drafting contracts. The term “express contract” was not defined in the Indian Contract Act. However, the term “express contract” refers to agreements in which the terms are expressly specified orally or in writing by the parties. These are actually the normal treaties that we encounter in everyday life. In this type of use of the contract, the use of “words” is mandatory. Example – rental agreement.
5. Responsibility of a person who receives benefits in the event of error or coercion. [xi] 3. The obligation of the person who benefits from a non-free deed. [ix] Like express contracts, the term “implied contract” is not defined by Indian contract law. As the term itself indicates, a tacit contract is a contract that arises from the conduct and conduct of the parties. There is no use of words, neither written nor spoken.