ACQUIESCENCE - Black's Law Dictionary

What is ACQUIESCENCE? Definition of ACQUIESCENCE in Black's Law Dictionary

Conduct recognizing the existence of a transaction, and intended, in some extent at least, to carry the transaction, or permit it to be carried, into effect; it is some act, not deliberately intended to ratify a former transaction known to be voidable, but recognizing the transaction as existing, and intended, in some extent at least, to carry it into effect, and to obtain or claim the benefits resulting from it, and thus differs from "confirmation," which implies a deliberate act, intended to renew and ratify a transaction known to be voidable. De Boe v. Prentice Packing & Storage Co., 172 Wash. 514, 20 P.2d 1107, 1110.

Passive compliance or satisfaction ; distinguished from avowed consent on the one hand, and, on the other, from opposition or open discontent. Paul v. Western Distributing Co., 142 Kan. 816, 52 P.2d 379, 387. Acquiescence from which assent: may be reasonably inferred. Frank v. Wilson & Co., 24 Del.Ch. 237, 9 A.2d 82, 86. Equivalent to assent inferred from silence with knowledge or from encouragement and presupposes knowledge and assent. Andrew v. Rivers, 207 Iowa 343, 223 N.W. 102, 105. Imports tacit consent, concurrence, acceptance or assent. Natural Soda Products Co. v. City of Los Angeles, Cal.App., 132 P.2d 553, 563. A silent appearance of consent.  Worcester, Diet. Darnell v. Bidwell, 115 Me. 227, 98 A. 743, 745, 5 A.L. R. 1320 Failure to make any objections. Scott v. Jackson, 89 Cal. 258, 26 P. 898. Submission to an act of which one had knowledge. See Pence v. Langdon, 99 U.S. 578, 25 L.Ed. 420. It imports full knowledge. Rabe v. Dunlap, 51 N.J.Eq. 40, 25 A. 959. Knowledge without objection. Indiana Harbor Belt R. Co. v. Jones, 220 Ind. 139, 41 N.E.2d 361, 363.

It is to be distinguished from avowed consent, on the one hand, and from open discontent or opposition, on the other.

It arises where a person who knows that he is entitled to impeach a transaction or enforce a right neglects to do so for such a length of time that, under the circumstances of the case, the other party may fairly infer that he has waived or abandoned his right. Norfolk & W. R. Co. v. Perdue, 40 W.Va. 442, 21 S.E. 755.

Acquiescence and laches are cognate but not equivalent terms. The former is a submission to, or resting satisfied with, an existing state of things, while laches implies a neglect to do that which the party ought to do for his own benefit or protection. Hence laches may be evidence of acquiescence. Laches Imports a merely passive assent, while acquiescence implies active assent. In re Wilbur's Estate, 334 Pa. 45, 5 A.2d 325, 331. "Acquiescence" relates to inaction during performance of an act while "inches" relates to delay after act is done. Bay Newfoundland Co. v. Wilson & Co., 24 Del.Ch. 30, 4 A.2d 668, 671, 673. "Acquiescence" is synonymous with "abandonment" ; Sclawr v. City of St. Paul, 132 Minn. 238, 156 N.W. 283, 284, and is distinguished from "admission" ; Saunders v. Busch-Everett Co., 138 La. 1049, 71 So. 153, 154; and from "ratification"  and  "estoppel  in  pais"  ;  Marion  Sa y.  Bank  v. Leahy, 200 Iowa 220, 204 N.W. 456, 458; but see Murray v.

Smith, 152 N.Y:S. 102, 108, 166 App.Div. 528; differs from

"confirmation", in that confirmation implies a deliberate act, intended to renew and ratify a transaction known to be voidable, Bauer v. Dotterer, 202 Ark. 1055, 155 S.W.2d 54, 57. A form of "equitable estoppel", Schmitt v. Wright, 317 Ill.App. 384, 46 N.E.2d 184, 192.

See Admission; Confession; Ratification

 

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