- implied acceptance
- An acceptance understood from acts and cirpumstances where not expressly stated. The acceptance of an offer implied from acts or conduct, including performance by the offeree of his undertaking. Cole-McIntyre-Norfleet Co. v Holloway, 141 Tenn 679, 214 SW 817, 7 ALR 1683. Duquesne Lumber Co. v Keystone Mfg. Co. 90 W Va 673, 112 SE 219. An acceptance of an offer of dedication through positive conduct on the part of the authorized public officers evincing their consent on behalf of the public. Blowing Rock v Gregorie, 243 NC 364, 90 SE2d 898; Henry v Ionic Petroleum Co. (Okla) 391 P2d 792. An acceptance of a deed implied where the intention to accept is manifested by conduct such as that of retaining possession of the deed, conveying the property, or otherwise exercising the rights of an owner, provided the grantee had, at the time he acted, knowledge of the conveyance. 23 Am J2d Deeds § 128. The acceptance of a gift operating entirely to the benefit of the donee. 24 Am J1st Gifts § 117. Of a draft or bill of exchange: –an acceptance by the drawee implied from circumstances such as his retention or destruction of the instrument, 11 Am J2d B & N § 509; a concept at variance with the provision of the Uniform Commercial Code that the signed engagement of the acceptor must be written on the bill or draft. 11 Am J2d B & N § 510.
Ballentine's law dictionary. Anderson, W.S.. 1998.