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Example
Case laws
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Qui tacet consentire videtur
| Literal meaning | He who is silent is taken to agree |
|---|---|
| Pronunciation | kwee TAH-ket kon-sen-TEE-ray vih-DAY-tur |
In some situations silence is taken as agreement. In contract law the rule is the opposite: silence is not acceptance of an offer.
Example
A person says that if he hears nothing, he will treat his offer as accepted. The other party stays silent. There is no contract.
Case laws
- Felthouse v. Bindley (1862), England: an uncle wrote that if he heard no more he would consider the horse his nephew's. Held: silence cannot be turned into acceptance.
Exceptions / limits
- Silence can amount to fraud where the person has a duty to speak (Explanation to Section 17 of the Indian Contract Act, 1872).
- Silence can be taken as consent where the parties' dealings or the law make it so.
Exam tip
Asked with acceptance and Felthouse v. Bindley.
Memory trick
Silence is not a yes in contract.
Key takeaway
In contract, silence does not by itself mean acceptance.
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