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Law Merchant and Evidence of Assent
DRAFT ADDENDUM • October 7, 2026
I provide these authorities for transparency concerning notice, reconciliation, and settlement under an existing agreement. The legal effect of nonresponse depends on the agreement, the parties’ conduct, and an established duty to respond. Notice documents the proposal and receipt; the authorities below define when silence may carry further legal significance.
1 Law merchant. A.R.S. § 47-1103(B) recognizes principles of law and equity, including the law merchant, as supplemental to the Uniform Commercial Code unless displaced by particular provisions of that title. It supplies supplemental principles rather than a separate automatic acceptance procedure.
2 Performance dealings and trade usage. A.R.S. § 47-1303(A) recognizes course of performance where an agreement involves repeated occasions for performance and the other party, knowing its nature and having an opportunity to object, accepts or acquiesces without objection. Subsections B–C recognize prior dealings and trade usage; the existence and scope of trade usage must be proved as facts. Under subsection E, express terms generally prevail over inconsistent performance, dealings, or usage.
3 Silence and a duty to speak. Farm & Auto Supply v. Phoenix Fuel Co., 103 Ariz. 344, 348–349 (1968), approved reasoning that silence may constitute acquiescence where a duty to speak exists or silence misleadingly conflicts with honest dealings. The court required assent to modification of an existing agreement and treated the effect of silence as dependent on the agreement and surrounding facts.
4 Final account and implied assent. Trimble Cattle Co. v. Henry & Horne, 122 Ariz. 44, 47–48 (App. 1979), recognized that retaining a final account without objection for an unreasonable time may support an inference of assent. The court upheld an account-stated finding for one account following a longstanding business relationship. Nonresponse is rebuttable evidence; there is no automatic rule equating failure to object within a specified time with agreement.
Application to the record. Identify the existing agreement, supported charges and credits, proposed final balance, proof of receipt, and conduct establishing assent or a duty to respond. These civil commercial authorities do not themselves alter a criminal judgment or replace applicable court filing requirements.
Sources
1 A.R.S. § 47-1103 | 2 A.R.S. § 47-1303 | 3 Farm & Auto Supply opinion | 4 Trimble Cattle opinion
By: A.R. Chris Magis Nero. All rights reserved.