Friday, March 23, 2012

Hobbs v. Massosoit Whip Co. case brief

Hobbs v. Massosoit Whip Co. (SJC, 1893); 
Silence as Acceptance? When past practice, yes.
  • Facts: Hobbs delivered eel skins to company and company held onto them for some months. P believed that accepting the eel skins constituted acceptance.
  • Issue: can silence be seen as acceptance?
  • Holding: Silence and retention in light of general business practices constitutes acceptance, even without prior business relationship between the two parties.
  • Rule: In general, silence will only constitute acceptance where something specific in the relationship makes it reasonable to construe silence as acceptable.

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