Comment: In America, there is a third

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In America, there is a third

In America, there is a third way...this is known as acquiescence through silence.

For example, The Federal Rules of Civil Procedure 8(b)(6) states:

    (6) Effect of Failing to Deny.

    An allegation — other than one relating to the amount of damages — is admitted if a responsive pleading is required and the allegation is not denied. If a
    responsive pleading is not required, an allegation is considered denied or avoided.

in California:

    Cal Civil Code 1589

    A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the
    obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting.

see also:

    3. Can I collect sales tax from my customer?

    Yes. Although you are required to pay and report sales taxes to the Board, you may be reimbursed by your customer for the amount of tax you owe on a sale. For example, if you are required to pay $1.75 in sales tax on a sale, you may pass that cost on to your customer, provided it is agreed to as part of the sale. It is presumed that the customer agrees to pay the addition of the tax if:

    * You list a separate amount of sales tax reimbursement on your receipts or invoices;
    * You post a sign on your premises stating that sales tax reimbursement will be added to all prices of taxable merchandise, or make a similar statement on price tags, advertising material, and other printed material directed to the purchaser; or
    * The sales agreement specifically calls for the addition of sales tax reimbursement.

    If you include sales tax reimbursement in your prices, rather than itemizing it separately on your invoices or receipts, you must inform the buyer that tax is included. You can post this information at your premises in a location that is visible to purchasers; or you can include it on a price tag or in an advertisement (whichever is applicable). Use one of the following statements:

    * All prices of taxable items include sales tax reimbursement computed to the nearest mill; or
    * The price of this item includes sales tax reimbursement computed to the nearest mill.


    CVC 17460

    The acceptance or retention by a resident of this state of a
    driver's license issued pursuant to the provisions of this code, shall constitute the consent of the person that service of summons may be made upon him within or without this state, whether or not he is then a resident of this state, in any action brought in the courts of this state upon a cause of action arising in this state out of his operation of a motor vehicle anywhere within this state.