silence

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silence

noun absolute quiet, hush, lack of sound, noiselessness, quiescence, quiescency, quiet, quietness, quietude, silentium, soundlessness, speechlessness, suppression of sound, taciturnitas, wordlessness
Associated concepts: estopped by silence, silence as an admission
Foreign phrases: Qui tacet, consentire videtur.He who is silent is deemed to consent. Qui tacet consentire videtur, ubi tractatur de ejus commodo. He who is silent is deemed to consent, when his interest is at stake.
See also: allay, concealment, lull, peace, placate, repress, stifle, stop, strangle, subdue, suppress

SILENCE. The state of a person who does not speak, or of one who refrains from speaking.
     2. Pure and simple silence cannot be considered as a consent to a contract, except in cases when the silent person is bound in good faith to explain himself, in which case, silence gives consent. 6 Toull. liv. 3, t. 3, n. 32, note; 14 Serg. & Rawle, 393; 2 Supp. to Ves. jr. 442; 1 Dane's Ab. c. 1, art. 4, Sec. 3; 8 T. R. 483; 6 Penn. St. R. 336; 1 Greenl. Ev. 201; 2 Bouv. Inst. n. 1313. But no assent will be inferred from a man's silence, unless, 1st. He knows his rights and knows what he is doing and, 2d. His silence is voluntary.
     3. When any person is accused of a crime, or charged with any fact, and he does not deny it, in general, the presumption is very strong that the charge is correct. 7 C. & P. 832 5 C. & P. 332; Joy on Conf. s. 10, p. 77.
     4. The rule does not extend to the silence of a prisoner, when on his examination before a magistrate he is charged by another prisoner with having joined him in the commission of an offence: 3 Stark. C. 33.
     5. When an oath is administered to a witness, instead of expressly promising to keep it, he gives his assent by his silence, and kissing the book.
     6. The person to be affected by the silence must be one not disqualified to act as non compos, an infant, or the like, for even the express promise of such a person would not bind him to the performance of any contract.
     7. The rule of the civil law is that silence is not an acknowledgment or denial in every case, qui tacet, non utique fatetur: sed tamen verum est, eum non negaro. Dig. 50, 17, 142.

References in classic literature ?
But a certain awe mingled itself with her idolatrous love of Adam, and when he said, "Leave me alone," she was always silenced.
But there was something in her look which silenced him.
The noise was, at length, very effectually silenced by Jupiter, who, getting out of the hole with a dogged air of deliberation, tied the brute's mouth up with one of his suspenders, and then returned, with a grave chuckle, to his task.
At first there was a scarcity in the right kind of material necessary to form the frames; but this objection was instantly silenced by Richard running his pencil through two feet of their length at one stroke.
Before anyone could speak he had silenced everyone for an instant with a slight but splendid gesture of hospitality.
Accustomed to the world, habitually at their ease in every social emergency, they were now silenced for the first time in their lives by the first serious sense of embarrassment which they had felt since they were children in the presence of a stranger.