13-811. Acceptance; when silence is acceptance.
The silence or inaction of ______________________ (name of offeree) constitutes acceptance only if:
[ ______________________ (name of offeree) accepted the benefit[s] of the offer, after a reasonable opportunity to reject the benefit[s], knowing that ______________________ (name of offeror) expected compensation in return];
[or]
[ ______________________ (name of offeror) stated or gave ______________________ (name of offeree) reason to understand that the offer could be accepted through silence or inaction and ______________________ (name of offeree) intended to accept the offer through silence or inaction];
[or]
[Where because of past dealings between the parties, it is reasonable that ______________________ (name of offeree) should have notified ______________________ (name of offeror) that [he] [she] [it] did not intend to accept the offer].
USE NOTES
When a case presents a jury question as to whether a party’s silence or inaction constituted acceptance of an offer, this instruction should be given. The bracketed language should be inserted to the extent warranted by the evidence in a case.
[Adopted, effective November 1, 1991; as amended by Supreme Court Order No. 20-8300-006, effective for all cases pending or filed on or after December 31, 2020.]