Contracts I

Restatement Second of Contracts § 19


Conduct as Manifestation of Assent

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  1. The manifestation of assent may be made wholly or partly by written or spoken words or by other acts or by failure to act.
  2. The conduct of a party is not effective as a manifestation of his assent unless he intends to engage in the conduct and knows or has reason to know that the other party may infer from his conduct that he assents.
  3. The conduct of a party may manifest assent even though he does not in fact assent. In such cases a resulting contract may be voidable because of fraud, duress, mistake, or other invalidating cause.