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Phillips v. Moor

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Revision as of 16:22, October 22, 2011 by Lost Student (talk | contribs) (Created page with "''Phillips v. Moor'', 71 Me. 78 (1880). '''Facts''': Defendant negotiated for purchase of hay from Plaintiff. Plaintiff indicated "offer is satisfactory, I shall accept it." Sho...")
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Phillips v. Moor, 71 Me. 78 (1880).

Facts: Defendant negotiated for purchase of hay from Plaintiff. Plaintiff indicated "offer is satisfactory, I shall accept it." Shortly thereafter, hay burned down. Defendant later claimed that Plaintiff was too late in accepting--although he never voiced such at the time.

Issue: Did Plaintiff's alleged late acceptance negate a contract?

Holding: No, there was still a contract.

Rule:

  • If acceptance is sent reasonably in time, the other party is obligated to notify if acceptance was late.
  • Silence is a waiver of the right to object to acceptance.
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