First, silence will constitute acceptance if the offeree gives the offeror the impression that silence will be considered an acceptance.
Under what circumstances would silence be acceptance?
When Silence is Acceptance
To every rule, there is an exception. Silence can be understood as acceptance when both parties had a preexisting relationship before the current contract. For example, suppose you own a restaurant that makes an acclaimed dish out of pork belly.
Does silence amount to an acceptance?
1 The Principle confirms that, unless the parties agree otherwise or have established a usage or course of dealing between them, mere silence of the party that has received an offer to conclude a contract does not amount to acceptance because that silence does not constitute a binding declaration of will.