Matt L
Member
Registered: 17th Apr 06
User status: Offline
|
Just revising for my law exam as part of acca (so doesnt really go into much detail) but in the contract law bit that i have just re-read it says silence can not be classed as acceptance.
that got me thinking about when it comes around to car insurance renewals, they continue your insurance if you dont contact them, how is it they can assume silence is acceptance?
or am i just looking at it the wrong way (more than likely).
|
Eck
Premium Member
Registered: 17th Apr 06
Location: Lundin Links, Fife
User status: Offline
|
I'd assume there is something in the T&C's to say if you don't contact then they will continue. It also says it on the renewal letter you get at the start of your last month!
|
chris_uk
Premium Member
Registered: 8th Jul 03
User status: Offline
|
they say in the letter that you receive the month before renewal something along the lines of..
If you want to carry on your insurance with us you dont have to do anything and your renewal will go through seemlessly
|
Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Online
|
They will probably be basing the acceptance on the start of the policy, the 12 month time period is just to review the arrangement so that they can ensure the premium reflects the current position regarding risk. But you want and need insurance so they continue providing it. That would be my understanding.
Also you don't always have to explicitly state that you want services in order to contractually agree to having them, you can park next to a sign for example and if that sign has conditions on, you then need to accept them. That is fairly silent.
|
Matt L
Member
Registered: 17th Apr 06
User status: Offline
|
Signs/adverts from my understanding are either invitations to treat or unilateral offers which is where acceptance tends to be through conduct (parking there for example) so i understand the signs bit acceptance is through doing, but with the car insurance your not 'doing' anything so no communication or in anyother way accepting their new offer of insurance which just got me wondering, but now you mentioned that they probably use the original acceptance then it does i suppose make sense that they could rely on that if they ever needed to.
|
AndyKent
Member
Registered: 3rd Sep 05
User status: Offline
|
If you don't cancel your current policy and arrange another it must be assumed that you're happy to continue with what you've got, thus have complied with their terms.
That'd be my interpretation anyway.
|