Silence

The state of a person who does not speak, or of one who refrains from speaking. Mere silence cannot be considered as a consent to a contract, except in cases where the silent person is bound in good faith to explain himself; in which case silence gives consent; Moore v. Smith, 14 S. & R. (Pa.) 393; L. R. 6 Q. B. 597; French v. Vining, 102 Mass. 135, 3 Am. Rep. 440. But no assent will be inferred from a man’s silence unless he knows his rights and knows what he is doing, nor unless his silence is voluntary. 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; 5 C. & P. 332; 7 id.

832; Joy, Conf. 77.

The rule does not extend to the silence of the prisoner when, on his examination before a magistrate, he is charged by another piisoner with having joined with him in the commission of an offence; Steph. Ev. art 7. Silence is not evidence of an admission unless there are circumstances which render it more reasonably probable that a man would answer the charge made against him than that he would not; 14 C. L. R. 114 (High Ct. Australia); [1891] 12 Q. B. 534. When an oath is administered to a witness, instead of expressly promising to keep it, he gives his assent by his silence and kiss ing the book. 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 no» bind him to the performance of any contract.