Acquiescence & Silence

He who may consent expressly may also consent tacitly.

Qui potest consentire expresse, potest consentire tacite.

Source: Dig. 50, 17, 3

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

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

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

He who does not forbid what he can forbid is taken to assent.

Qui non prohibet quod prohibere potest, assentire videtur.

Source: 2 Inst. 308; 1 Bl. Comm. 430

An officer or trustee who stands by while a wrong is committed, having the power to prevent it, is deemed to have consented to it.

He who does not disapprove when he can, approves.

Qui non reprobat, approbat.

Source: 3 Inst. 27; Weisman, 21q

Silence in the face of a known wrong, where one has the power and duty to object, operates as ratification — the People's silence on constitutional violations confirms them.

Truth not sufficiently defended is overcome; and he who does not disapprove, approves.

Veritas, quae non sufficienter defenditur, opprimitur; et qui non improbat, approbat.

Source: 3 Inst. 27; Weisman, 101l

Silence in the face of falsehood operates as consent; he who knows the truth and fails to defend it bears responsibility for the falsehood that prevails.