Legal Consent and Silence in Contract Law

Explanation

Silence does not constitute legal consent. In contract law, silence alone is generally not considered as acceptance unless it is evident that the party's silence signifies their agreement to the contract terms. Marisol was present when Charlie informed Jamal that she had agreed to sell her racing bicycle and she did not object or express her disagreement at that time. Therefore, even though Marisol did not verbally agree to the sale, her silence can be interpreted as consent based on the circumstances.

According to legal principles, for silence to be viewed as acceptance, the party must be aware of the contract being formed, have the opportunity to object, and choose not to do so voluntarily. In this case, Marisol was fully aware of the conversation between Charlie and Jamal regarding the sale of her bicycle, had the chance to refuse the agreement, and decided not to speak up.

Therefore, the court is likely to uphold the agreement between Charlie and Jamal as binding on Marisol, despite her subsequent objections. Marisol's silence in this situation may be considered as her legal consent to the contract formed by Charlie and Jamal.