They were asked if they would undertake work as a project manager. After they agreed to do so, further work was done, and they requested a progress payment, and the signing of a contract. After further work was done, the question arose as to whether there was a contract. HELD McHugh J A Silence is usually insufficient to create any contract - the objective theory requires some external manifestation of consent.
Convenience requires communication, and silence is usually seen as rejection.
But the offeror can be bound if communication is dispensed with. Where an offeree, with a reasonable opportunity to reject the offer of goods or services, takes the benefit of them under circumstances which indicate they were to be paid for, the tribunal of fact may hold that the offer was accepted according to its terms. A useful analogy is found with the ticket cases. The case is not so much one of acceptance by silence, as of taking the benefit of an offer with knowledge of its terms and knowledge of the offeror's reliance on payment being made in return for the work being done. Kirby P Samuels JA agreed - Appeal Dismissed.