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NeCede's

Maxim 6.1.5

Silence implies consent where the interest of the silent party is at stake.

Qui tacet consentire videtur, ubi tractatur de ejus commodo.

Source: Jenk. Cent. p. 32, case 64; Broom, Max. 138, 787; 9 Mod. 38 Difficulty 2/5 — Approachable

Explanation

When a man's rights are being dealt with and he has knowledge and opportunity to object, his silence operates as acquiescence.

Where this applies

  • My neighbor started building a fence on what might be my property and I said nothing for months.
  • The company changed the terms of service and I kept using the product without objecting.

Topics

Acquiescence & Silence

Legal domains

contractproperty

See also

Cite this maxim

NeCede Max. 6.1.5 — Silence implies consent where the interest of the silent party is at stake. — Jenk. Cent. p. 32, case 64; Broom, Max. 138, 787; 9 Mod. 38 (Qui tacet consentire videtur, ubi tractatur de ejus commodo.)

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