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What will be legal position if the the party remain silent on the ending of previous agreement,it will be consider accepted or not?

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Question added by jamilur Rehman , Operation Manager , Sky Gulf Travel And Tourism
Date Posted: 2014/05/26
Anandan Giri
by Anandan Giri , Advocate Junior , Madras High Court

In a general contract the silent is equal to acceptance, but t he rules of contracts often vary from state to state. If you have questions about whether there has been valid offer and acceptance to a contract, a business attorney familiar with contract law can help.

G S
by G S , Senior lawyer , National Union of Attorney at Law of Romania

Looking at your question key words <ending of previous agreement> I can draw two hypothesis:

1. You have already an agreement which you want to terminate it and to propose a new agreement with the same counter-signing party.

2. You had an agreement which was/will be ended by reaching his fixed term.

In the first scenario, you must follow the agreement conditions to terminate it. If the other party doesn't agree with the mutual termination, you need to identify the reasons and to argue a forced termination disregard the other party opinion or silence over the issue.

On the second scenario, you can notice the other party about the end of the fixed term agreement together with an offer to continue cooperation under conditions and terms of a new agreement. There are some key elements for an offer to be considered as valid and for the silence to means consent.

Particularity of the case makes the difference.

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