It is the inference of the actions of all parties, not an inference based upon unilateral language. Rick must have acted in a way that indicates that he understood that he would bear the risk if he didn't take the optional insurance offered. Rick's actions indicate that he had no such understanding, so no inferred agreement. Contract by inference, by the way, is very hard to achieve. Course of dealing concerns a history of dealings between the parties over a number of similar situations. Course of performance is how the parties have handled this situation throughout multiple occurrences of this situation. Trade usage concerns specialized meanings within specific fields. None are relevant to this discussion. I can assure you I know what I am talking about. If you wish to continue to believe otherwise, you may. I have done all I can. If I was a seller, and I was not trying to pull one over on the buyer, why wouldn't I make it explicit anyway? It's easy enough to do.

Michael Siskin