Civil Liability Caused By Silence )A Comparative Study in Jurisprudence, Iran and Common Law(

Document Type : Scientific Research

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Abstract

Implied intention may be conveyed from an act or omission. On the other hand, there is no doubt that civil liability may rise from omissions. In effect the silence as a kind of forbearance )refraining from speaking( may give raise to civil liability if it shows the implied intention of silent person in bringing about the damages. Although, the proverb "silence implies consent" has a common use between people but indeed it may not i.e. No specific conduct may be attributed to one who is silent. In fact, it is in some specific circumstances in which one who is silent is deemed to consent. So, it is the circumstances that indicate silence to a special concept. 
The above-mentioned fact is also the rule of law and jurisprudence so that, the silence is not an acknowledgment or denial in every case unless the silence accompanied whit a specific indication or situation .such a silence may cause legal consequences especially around the sphere of non-contractual responsibility. 

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