Legal Definitions - implied acceptance

Implied acceptance refers to an agreement to the terms of an offer that is not explicitly stated in words, either verbally or in writing, but is instead inferred from a person's actions, conduct, or the surrounding circumstances.

It signifies that even without a direct declaration, a party's behavior clearly indicates their intention to accept the offer and be bound by its terms.

• Example 1: Parking Garage

  Imagine you drive into a parking garage where a large sign at the entrance clearly displays the hourly rates and terms of service. You proceed to take a ticket, drive your car inside, and park it. By performing these actions, you have engaged in implied acceptance of the parking garage's terms and conditions, including the obligation to pay the stated fee. You didn't verbally agree or sign a document, but your conduct demonstrated your acceptance.

• Example 2: Freelance Project Commencement

  A freelance web designer sends a client a detailed proposal outlining the scope of work, deliverables, timeline, and payment schedule for a new website. The client does not formally sign the proposal but immediately provides the designer with all the necessary content, images, and access credentials to begin the project. The client's actions of providing materials and enabling work to start constitute implied acceptance of the terms laid out in the designer's proposal, forming a binding agreement.

• Example 3: Subscription Service Usage

  A company offers a free trial of its premium software for 30 days, clearly stating that if the user continues to use the software after the trial period, they will be automatically enrolled in a paid monthly subscription. A user downloads and utilizes the software for the entire trial period and then continues to access and use its features for several weeks afterward. By continuing to use the software past the trial expiration, the user demonstrates implied acceptance of the subscription terms and the obligation to pay the monthly fee.