When can acceptance be inferred from conduct?

Acceptance can be inferred from conduct when that conduct clearly indicates an agreement between the parties involved. This principle is rooted in the idea that an individual's actions can demonstrate their intent to accept an offer, even in the absence of explicit verbal or written acknowledgment.

For example, if one party performs an act that only makes sense if they have accepted an offer—such as beginning construction on a project after receiving a proposal—this can be seen as an acceptance through behavior. The key factor is that the conduct must leave no reasonable doubt about the party's intention to enter into the agreement, showcasing a mutual understanding consistent with the terms of the offer.

In instances where both parties are uncertain of the terms, or where there's reliance on prior agreements, the intention to accept may not be so clear, thus failing to represent a definitive acceptance. Additionally, failure in written communication does not necessarily imply acceptance can be derived from conduct, as it might simply indicate a lack of agreement or miscommunication, rather than a shared understanding of acceptance.