Mary received an unsolicited selection of CDs in the mail with a letter informing her that she was now a member of the CD of the Month Club. It also said that if she didn't want these CDs, she could simply send them back. Otherwise, she would be billed $10 for each CD at the end of the month. She simply put them away, and did not respond. They continued to send her more CDs each month until she had received 100 of them over a period of 10 months. The club then sent her a letter demanding payment or they would take legal action. Explain her legal obligation in these circumstances.

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Benjamin Bustos · Accepted Answer

Final Answer : There is no contract under these circumstances. Her silence was not an acceptance so long as she did not use the CDs. Had she already joined the CD of the Month Club, however, and then failed to send back CDs she didn't want, she would have likely been liable because of the ongoing relation she had established.

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