Can silence be considered acceptance of an offer in Texas?

In Texas contract law, silence is generally not construed as acceptance of an offer. However, there are specific circumstances where it can be deemed acceptance, particularly if there are established prior agreements or courses of dealing between the parties that indicate that silence can signify consent. For instance, if the parties have a history of conducting business in a way that silence equates to acceptance, or if the parties have explicitly agreed that silence should signify acceptance, this can change the typical interpretation.

Therefore, the notion that silence can only be construed as acceptance if there is a prior agreement is consistent with Texas law. It acknowledges that the context and the relationship between the parties play critical roles in interpreting agreements and responses to offers. Other options suggest blanket acceptance or specify conditions outside established norms, failing to capture the nuanced approach that Texas law takes regarding silence and acceptance in contracts.