For the assumption, the essential requirement is that, from a subjective point of view, the parties behave in a way that demonstrates their consent. After this session of the theory of the spirit of the treaty, a party was able to resist a claim of violation by demonstrating that it did not intend to be bound by the agreement, only if it seemed subjective that it intended to do so. This is not satisfactory because one party does not have the opportunity to know the undisclosed intentions of another party. One party can only act on the basis of what the other party objectively reveals (Lucy V Zehmer, 196 Va 493 84 S.E. 2d 516) to be its intention. Therefore, a real meeting of minds is not necessary. In fact, it has been argued that the idea of “meeting minds” is a very modern mistake: the judges of the 19th century spoke of the “ad idem consensus” that modern teachers wrongly translated into “meeting spirits”, but which in fact means “agreement with the same cause”. [18] If the contract is a sale of goods (i.e. personal property) between merchants, acceptance must not be in accordance with the terms of the offer for there to be a valid contract, unless 1.It must be an absolute and unrestricted acceptance of all the terms of the offer: Article 7, paragraph 1.

If there is a difference, even on an insignificant point, between the terms of acceptance, there is no contract. However, there is an exception to the general rule of advertising. If the quantity put up for sale is indicated and contains words of promise, such as “come first, served first,” the dishes force the contract if the store refuses to sell the product if the price is offered. If the offer is clear, clear and explicit and no negotiations are opened, acceptance of the offer concludes the contract. No new conditions may be imposed on the offer after being accepted by the compliance with its terms. Prior transactions between the parties may create an obligation to act. Silence or failure to act in such circumstances could be an assumption. For example, if the parties have made a number of transactions related to the shipment of goods and payment by the recipient, the recipient is not authorized, because of his previous operations, to keep an item within a reasonable time without paying for it.

A recipient who does not intend to accept the goods is required to inform the sender. Silence, where there is an obligation to speak, prevents the bidder from refusing an offer and the supplier states that there is no acceptance.