When it comes to legal writing, the principle of agreement sub silentio is an important concept that can greatly affect the interpretation of a contract or agreement. This Latin phrase translates to “agreement through silence” and suggests that parties may have agreed to something without explicitly stating it in their agreement.
The principle of agreement sub silentio can be particularly relevant in cases where parties have not included specific terms or provisions in their agreement. In these situations, courts may examine the agreement as a whole, as well as the circumstances surrounding the agreement, to determine if there was an implied agreement between the parties.
For example, let’s say two companies enter into a contract for the sale of goods. The contract includes provisions for the price, quantity, and delivery of the goods but does not specifically address who is responsible for the costs of shipping. If one of the companies consistently pays for the shipping costs and the other company never objects or offers to pay for the shipping, a court may interpret this as an implied agreement between the parties that one company is responsible for the shipping costs.
However, it’s important to note that the principle of agreement sub silentio is not always applicable or enforceable. Courts may still require clear and unambiguous language in an agreement, and will only apply the principle in cases where it is reasonable, logical, and necessary.
As a professional, it’s important to keep in mind the principle of agreement sub silentio when editing legal documents. Ensuring that agreements are clear, concise, and comprehensive can help prevent disputes or misunderstandings between parties and ensure that agreements are enforceable in court.
In conclusion, the principle of agreement sub silentio is an important concept in legal writing that can greatly affect the interpretation of contracts and agreements. While it’s not always applicable or enforceable, parties should always strive to be clear and comprehensive in their agreements to prevent any potential disputes or misunderstandings.