Agreement Sub Silentio in India

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Agreement sub silentio, also known as the “silent agreement,” is a legal concept that is recognized in India. It refers to an implied or tacit agreement between two parties that is not explicitly stated or written in a contract, but is understood to be mutually binding. This can be a powerful tool in legal disputes, as it can be used to establish the intent of the parties when there is no clear written agreement.

In India, agreements sub silentio are recognized as a valid form of contract and are generally enforceable in court. However, there are certain conditions that must be met in order for an agreement sub silentio to be considered legally binding. These conditions include:

– The parties must have had a clear intention to enter into an agreement.

– The terms of the agreement must be clear and unequivocal.

– The conduct of the parties must be consistent with the existence of an agreement.

In addition, there must be sufficient evidence to establish the existence of the agreement sub silentio. This can include testimony from witnesses, emails or other communications between the parties, or other evidence of the parties` intent.

Agreements sub silentio can be particularly useful in situations where the parties have not had a chance to negotiate or draft a formal contract, or where there is some ambiguity in the terms of a written contract. For example, if two parties have been working together for a long time and have established a pattern of behavior that suggests an agreement, but have not formally documented it, an agreement sub silentio may be enforceable in court.

However, it is important to remember that agreements sub silentio can also be difficult to prove in court, as there may be a lack of clear evidence of the parties` intent and conduct. In addition, there is always a risk that a court may refuse to enforce an agreement sub silentio if it is deemed to be against public policy or otherwise illegal.

Overall, agreements sub silentio can be a powerful tool in legal disputes in India. However, it is important to consult with a qualified attorney to understand the legal implications of such agreements and to ensure that all parties are aware of the risks and benefits involved. With proper planning and execution, agreements sub silentio can help to resolve disputes and establish clear boundaries between parties.