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Felthouse v Bindley [1862] EWHC CP J35, is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one's offer. This is sometimes misleadingly expressed as a rule that "silence cannot amount to acceptance".
Apply the rule of silence and consensus only when a weak consensus would suffice. Silence and consensus does not apply when a mandatory discussion is required. When real people are affected by a decision, such as blocking users, or using material covered by the biographies of living persons policy, positive confirmation is preferred. Even in ...
A silence procedure, tacit consent [1] or tacit acceptance procedure [2] (French: procédure d'approbation tacite; Latin: qui tacet consentire videtur, "he who is silent is taken to agree", "silence implies/means consent") is a way of formally adopting texts, often, but not exclusively, in an international political context.
There must be broad input from people not previously familiar with the proposal. "Silence implies consensus" is an old standby on Wikipedia. However, with regard to new policies and guidelines, this cannot apply, and silence should instead imply either indifference or a lack of proper exposure. If a proposal produces indifference in the ...
While the analogy of offer and acceptance is imperfect it is not without significance that while the general principle is that there can be no acceptance of an offer by silence, our law does in exceptional cases recognize acceptance of an offer by silence. Thus in Rust v.
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The importance of an event to contemporary author plays a role in the decision to mention it, and historian Krishnaji Chitnis states that for an argument from silence to apply, it must be of interest and significance to the person expected to be recording it, else it may be ignored; e.g. while later historians have lauded Magna Carta as a great national document, contemporary authors did not ...
This did not stand up in court, and it was decided there could not be acceptance by silence. An exception exists in the case of unilateral contracts, in which the offeror makes an offer to the world which can be accepted by some act. A classic instance of this is the case of Carlill v. Carbolic Smoke Ball Co.