Article 1320

An acceptance may be express or implied.

Ang pagtanggap ay maaaring kung ito sa sa pamamagitan ng sulat o pamamagitan ng salita or sa pamamagitan ng pagbabayad.

  1. Forms of Acceptance

Acceptance may be:

  1. Express (art.1320)
  2. Implied (art. 1320) from conduct, or acceptance of unsolicited services.
  3. Presumed ( by law) as when there is failure to repudiate hereditary rights within the period fixed by law ( See Art. 1057, Civil Code); or when there is SILENCE in certain specific cases as would tend to mislead the other party, and thus place the silent person in estoppel.
  4. Examples of Implied Acceptance
  5. An offer by the Army to reward persons giving information that would lead to the apprehension of certain Huks may be considered implicitly accepted when the act referred to it is performed by members of the public.
  6. In the same way, participation in a contest, with full compliance of its rules, is implied acceptance of the offer. Thus, on one occasion, the Supreme Court has said that “due to the fact that the bank started, and advertised the contest offering prizes, under certain conditions and the plaintiff prepared, by labor and expense, and took part in said contest, the bank is bound to comply with its promise made in the rules and conditions prepared and advertised by it.”

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