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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".
Silence does not per-se amounts to communication- Bank of India Ltd. Vs. Rustom Cowasjee- AIR 1955 Bom. 419 at P. 430; 57 Bom. L.R. 850- Mere silence cannot amount to any assent. It does not even amount to any representation on which any plea of estoppel may be found, unless there is a duty to make some statement or to do some act free and ...
Salinas v. Texas (2013), a plurality opinion, held that mere silence during prearrest interrogations is inadequate to establish invocation of the right to remain silent, if the defendant has already chosen to speak. Specifically, if the defendant has elected to speak to police and then suddenly stops when confronted with inculpatory evidence ...
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.
Berghuis v. Thompkins, 560 U.S. 370 (2010), is a landmark decision by the Supreme Court of the United States in which the Court held that, unless and until a criminal suspect explicitly states that they are relying on their right to remain silent, their voluntary statements may be used in court and police may continue to question them.
Unique Nicole/FilmMagic Melissa Barrera has broken her silence on being let go from Scream VII over her comments about the Israel-Hamas war. “First and foremost I condemn Anti-Semitism and ...
In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"), [1] or ignorantia legis neminem excusat ("ignorance of law excuses no one"), [2] is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.
'A moment of silence for that money': Kevin O'Leary says he lost $750,000 in mere months after pouring it into his friend's business — 3 tips to keep emotions out of your investing moves