acceptance by silence. Acceptance of an offer not by explicit words but through the lack of an offeree’s response in circumstances in which the relationship between the offeror and the offeree justifies both the offeror’s expectation of a reply and the offeror’s reasonable conclusion that the lack of one signals acceptance. ● Ordinarily, silence
does not give rise to an acceptance of an offer, but this exception arises when the offeree has a duty to speak. Black’s Law Dictionary, 7th ed., s.v. “Acceptance.”
Qui tacet consentire videtur ubi tractatur de ejus commodo. A party who is silent is considered as assenting, when his advantage is debated. [Bouvier’s Law Dictionary, 3rd rev., 8th
ed., s.v. “Maxim”]
Idem est non probari et non esse; non deficit jus, sed probatio. What does not appear and what is not is the same; it is not the defect of the law, but the want of proof. [Ibid]
Stabit præsumptio donec probetur in contrarium. A
presumption will stand good until the contrary is proved. [Ibid]
Quod per recordum probatum, non debet esse negatum. What is proved by the record, ought not to be denied. [Ibid]
]