United States First Circuit

In Massachusetts, silence in response to an offer may constitute an acceptance under certain circumstances however, here, the summary judgment record did not compel the conclusion that defendant noticed or should have noticed plaintiff's modification of offer letter, and that its silence constituted an acceptance of plaintiff's offer; such issues to be resolved by the factfinder at a trial.

Appellate Information

• Decided 03/26/2002
• Published 03/26/2002

Judges

• LIPEZ, Circuit Judge., Before SELYA and LIPEZ, Circuit Judges, and SINGAL, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert W. Tollen, with whom Kent D.B. Sinclair and Seyfarth Shaw were on brief, for appellant.


• For Appellees:
  
• Theresa Kelly Banash for appellee.