With Regards to Dealing with Admission by Silence, the Courts

With regards to dealing with admission by silence, the courts have established some guidelines for evaluation of such. Which of the following requirements is not usually considered:

A) The presence of physical or emotional impediments
B) The absence of existing relationships, which may lessen the likelihood of confrontation
C) The statement itself be of such a nature that if untrue would demand a denial
D) The person to whom the admission by silence is inferred must have heard and understood the statement in question including a demonstration that the listening party had knowledge of the subject matter.