silence

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Related to silences: quietness

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 ?
That no one might see down into my depth and into mine ultimate will--for that purpose did I devise the long clear silence.
Here Don Quixote, too, broke silence, saying to Sancho, "Have patience, my son, and gratify these noble persons, and give all thanks to heaven that it has infused such virtue into thy person, that by its sufferings thou canst disenchant the enchanted and restore to life the dead.
There was a moment's silence, during which one could have fancied the hall empty, so profound was the stillness.
The shrieks of the panther's victim, mingled with those of the great cat, had wrought mightily upon their poor nerves, and now the awful silence of the dark interior seemed even more terribly ominous than had the frightful screaming.
At this most interesting moment, the silence remained undisturbed.
The maid you seek," said she, and again she broke the silence like the moon breaking through the clouds, "what manner of maid is she?
passed from mouth to mouth, and then the most absolute silence reigned.
Not only did the silence weigh upon them, but they were both unable to frame any thoughts.
She waited with the most exasperating silence to hear more.
I am sure that no other crime is being committed, on this night; for there is complete silence in the boudoir, where two nurses are taking care of Mademoiselle Stangerson until she is restored to health.
He paused at that, for he saw his father wince at the picture like a man physically struck; and again there was silence.
Suddenly, the silence in the next room was disturbed by the ringing of an electric bell.