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NeCede's

Maxim 6.1.23

Silence shows consent.

Source: Wharton, III-317 Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Silence in the face of a claim or assertion, when the party had opportunity and duty to speak, is construed as consent — the law imputes agreement to those who stand mute when they should object.

Where this applies

  • A company sends a letter demanding payment of a disputed invoice, and the recipient says nothing for months — the silence is treated as agreement that the amount is owed.
  • A neighbor announces he is going to build a fence on the property line and the adjoining owner says nothing, so the court infers consent from the silence.
  • A government agency sends a notice reclassifying a property owner's land, and the owner fails to object within the response period — the silence is construed as consent to the reclassification.

Legal domains

Cite this maxim

NeCede Max. 6.1.23 — Silence shows consent. — Wharton, III-317

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