“Admission by
Silence” Definition:
Requisites. Before the silence of a party can be taken as an admission of
what is said, it must appear: 1. that he heard and understood the statement;
2.that he was at liberty to interpose a denial; 3.that the statement was in
respect to some matter affecting his rights or which he was then interested,
and calling, naturally, for an answer; 4.that the facts were within his
knowledge; and 5. that the fact admitted or the inference to be drawn from
his silence would be material to the issue.
