Not surprisingly, one may come up against a discussion between two editors with a quarrel who constantly repeat and repeat their thoughts; Sometimes this happens because they fear that, if they stop, their inability to react will be misinterpreted as a sign that they agree. This interpretation is based on the false assumption that “the huge endless quarrel” is the only alternative to “silence”. This is not the case. With respect to the difference between dissent and silence, failure to render your dissent stormy and continuous does not constitute silence and therefore does not constitute consent when you express disagreements. Withdrawal from communication with a biased or bellicose writer does not give that writer the agreement to do what he wants. Similarly, in the event of a reversion, there is no silence or consensus. Generally speaking, silence is not an acceptance. See McGlone v. Lacey, 288 F.Supp 662 (D.S.D. 1968). There are, however, four major exceptions to this general rule. First, silence is a hypothesis if the tenderer gives the tenderer the impression that silence is considered a hypothesis.
See National Union Fire Insurance Co. v. Honestly, 122 Misc. 682 (N.Y. App. Div. 1924). For example, another way to view silence as an acceptance is that both parties have agreed that silence can be treated as an acceptance. The person who is to be affected by silence should not be disqualified from acting as a non-compound, infant or otherwise, because even the explicit promise of such a person would not engage him in the performance of a contract. However, the garage would prefer a written contract because it is much more enforceable. The offer is written in plain language, the acceptance (the signature of the other party) clearly indicates that the offer has been accepted, and each party has a copy.
If someone offers to replace the engine in your car for 5,000 $US and you say yes (“It sounds great. Let`s do it,” then you just made a contract. It is very likely that the garage would produce an invoice clearly describing the extent of the work, including the cost of parts and work. But even in the absence of such a document, oral adoption has the same legal meaning as the signature on the dot line. Apply the rule of silence and consensus only if a weak consensus was sufficient. Silence and consensus do not apply when strong consensus or mandatory discussion is required. If real people are affected by a decision, for example.B. The blocking of users or the use of material covered by the Directive on biographies of living persons favours positive confirmation.
But in these cases too, there may be disagreement afterwards and it is no longer appropriate to start from a consensus. Let`s say you own a restaurant that prepares a celebrated pork belly dish. You make a good relationship with your local pig, you agree on a delivery plan and a price, and this continues for years. In a year, unfortunately, your supplier`s herd will get sick, and the price of pork belly will go up. Your supplier sends you a letter that reflects the new price and you do not respond in any way. At this point, you should probably expect your pork belly deliveries to continue as usual, as your silence could be understood in such a way that you want to continue with the business deal. “Without objection… ». That is what we use in parliamentary sessions.