Legal Definitions - caeteris tacentibus

Caeteris Tacentibus is a Latin phrase that translates to "the others being silent." In legal contexts, this principle suggests that if a particular statement, proposal, or action is put forward, and no one present raises an objection, offers a counter-argument, or expresses dissent, then there is an implied acceptance or agreement. It means that silence, under certain circumstances, can be interpreted as consent or acquiescence.

Here are a few examples to illustrate this concept:

• Imagine a city council meeting where a new zoning ordinance is being discussed. After the proposed ordinance is presented, the council president asks if any council members have questions or objections before moving to a vote. If all members remain silent, without voicing any concerns or alternative suggestions, the council might proceed to vote, operating on the principle of caeteris tacentibus. The silence of the members would be taken as an indication that there are no immediate objections or further points of discussion from the council itself.

• Consider a situation in a corporate board meeting. The CEO proposes a new strategic direction for the company, outlining the plan and its potential benefits. After the presentation, the chairperson opens the floor for discussion and asks if any board members have reservations or alternative strategies to suggest. If no board members speak up or challenge the CEO's proposal, the board might then move to approve the strategy. Here, the board's collective silence (caeteris tacentibus) would imply their general agreement or at least a lack of significant opposition to the proposed strategic direction.

• In a courtroom setting, during a procedural discussion, a lawyer might request a specific accommodation, such as a brief recess to consult with their client. The judge might then turn to the opposing counsel and ask if they have any objections to the request. If the opposing counsel remains silent and does not voice any opposition, the judge might grant the recess. The judge would be acting on the basis of caeteris tacentibus, interpreting the opposing counsel's silence as an absence of objection to the procedural request.