Legal Definitions - sub silentio

SUB SILENTIO

Sub silentio is a Latin term that means "under silence." It refers to a situation where something is not explicitly mentioned or noticed.

One example of sub silentio is when a court makes a decision without explicitly stating a particular point of law. This means that the point of law is not part of the court's decision and is not binding on future cases.

Another example is when a contract does not mention a particular term, but the parties involved have always acted as if that term was part of the agreement. In this case, the term is considered to be part of the contract sub silentio.

Sub silentio is a term used to describe situations where something is not explicitly stated or noticed. This can happen in legal cases, contracts, or other situations where there is an expectation that certain things will be understood without being explicitly stated. The examples illustrate how sub silentio can be used in different contexts to describe situations where something is implied or understood without being explicitly stated.