Definition Silent Content - Definition of "Silent Content"? [implied consent]

G

Gert Sorensen

#1
Hi,

Has anybody heard of the concept of "Silent content"?? As far as I can gather it means that if one does not respond to e.g. a new requirement or specification, then it is accepted due to lack of reply/response.

Is this correct?
 
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Jim Wynne

Staff member
Admin
#2
Re: Silent Content - Definition of "Silent Content"?

Hi,

Has anybody heard of the concept of "Silent content"?? As far as I can gather it means that if one does not respond to e.g. a new requirement or specification, then it is accepted due to lack of reply/response.

Is this correct?
The laws may be different in Denmark than in the US, but I would think that an acceptance by default would have to be part of the original agreement, and not arbitrarily invoked later on. I've never seen it referred to as "silent content."
 

harry

Super Moderator
#4
Re: Silent Content - Definition of "Silent Content"?

"Implied Consent"? Part of British legal system. No sure if it applies in US or else where but certaintly in Commonwealth Countries.
 
G

Gert Sorensen

#6
Re: Silent Content - Definition of "Silent Content"?

"Implied Consent"? Part of British legal system. No sure if it applies in US or else where but certaintly in Commonwealth Countries.
Could you elaborate a bit on this, please :thanx:
 

harry

Super Moderator
#7
Re: Silent Content - Definition of "Silent Content"?

If you keep quiet about certain contractual/agreement terms (verbal or otherwise), you are deemed to have accepted it or agreed to it.

Is that what you have in mind?

Regards.
 

Jim Wynne

Staff member
Admin
#8
Re: Silent Content - Definition of "Silent Content"?

"Implied Consent"? Part of British legal system. No sure if it applies in US or else where but certaintly in Commonwealth Countries.
Yes, but in the context of a business agreement it generally must be a part of the initial contract. For example, I might enter into a contract with a customer that says that if I provide notice of a price increase and the customer hasn't objected within some specified time period, the omission will carry the weight of explicit approval. Unless that has been agreed to beforehand, you generally can't invoke it ex post facto, and the terms of the original agreement will remain in force.

Disclaimer:cool: : Not being a lawyer myself, I might well be ignorant of important facts that might bear on this concept in different jurisdictions. When there is the potential for a contractual disagreement to occur, it's always best to get qualified expert advice.
 

harry

Super Moderator
#9
Re: Silent Content - Definition of "Silent Content"?

Yes, but in the context of a business agreement it generally must be a part of the initial contract. For example, I might enter into a contract with a customer that says that if I provide notice of a price increase and the customer hasn't objected within some specified time period, the omission will carry the weight of explicit approval. Unless that has been agreed to beforehand, you generally can't invoke it ex post facto, and the terms of the original agreement will remain in force.
Yes, I agree. There must be a supplementary contract to include new terms for it to be enforceable subsequently. And like you, I am not a lawyer either!

Regards.
 

Tim Folkerts

Super Moderator
#10
Re: Silent Content - Definition of "Silent Content"?

Outside of a business setting, one common use of "implied consent" in the US deals with drunk driving. In many (all?) states, simply operating a motor vehicle on a public road provides "implied consent" to an alcohol test. If you refuse the test, you are effectively admitting guilt.

The terminology is also use in emergency situations, where serious injury is taken as implied consent to medical treatment.

Tim F
 
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