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Anticipatory Breach


Repudiation of Contract

Speaking Silence
Last updated: 21-Jun-2015

In Stocznia Gdanska SA v Latvian Shipping Co and others [2002] 2 Lloyd’s Reports 436, per Rix LJ at para [96]:

The silence was not mere silence, it was overlaid with all that had gone before. It was a speaking silence. The difficulty with silence is that it is normally equivocal. Where, however, it is part of a course of consistent conduct it may be a silence which not only speaks but does so unequivocally. Where silence speaks, there may be a duty on the silent party in turn to speak to rectify the significance of his silence.

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