Accepting an offer - can silence be deemed consent?

Coming to the question that you have asked, the UAE law accepts contracts made electronically including electronic signatures under the Electronic Transactions and Commerce Law 2006, provided the key elements exist - an offer, acceptance of the offer and the subject matter of the contract to be defined.

All of these elements indicate an intent to create a contract. Contracts can be made verbally, in writing, by conduct, telephone and other means.

The parties, however, should agree on the manner of acceptance, whether is by return emails or an electronic signature.

The form of accepting a contract an be in any means stimulated by the parties - oral, in writing, by conduct, depending on what the parties agree.

Under Article 135 of the UAE Civil Code, silence may be deemed consent, it states that:

(1) A person who remains silent shall not be deemed to have made a statement, but silence in the face of a circumstance in which a statement is called for shall be regarded as an acceptance.

There are also complex rules relating to the receipt of email communications and when an email is deemed to have been received (e.g. when it reaches a server, when it is displayed on a screen or when it is opened).

This is why this form of accepting contractual relations is not used by lawyers except the signature and transmission of documents electronically.

Hope you find the above useful.