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NeCede's

Maxim 6.1.4

He who may consent expressly may also consent tacitly.

Qui potest consentire expresse, potest consentire tacite.

Source: Dig. 50, 17, 3 Difficulty 2/5 — Approachable

Explanation

Silence or inaction, where a man has the duty and opportunity to speak, may be construed as consent.

Where this applies

  • I never verbally agreed but I kept using the service — does that count as consent?
  • By continuing to live in the HOA neighborhood, am I implicitly agreeing to their rules?

Topics

Acquiescence & Silence

Legal domains

contract

See also

Cite this maxim

NeCede Max. 6.1.4 — He who may consent expressly may also consent tacitly. — Dig. 50, 17, 3 (Qui potest consentire expresse, potest consentire tacite.)

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