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Law of Aquiscence
Law of Aquiscence
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Acquiescence
In law, acquiescence occurs when a person knowingly stands by without raising any objection to the
infringement of his or her rights, while someone else unknowingly and without malice aforethought acts
in a manner inconsistent with their rights. [1] As a result of acquiescence, the person whose rights are
infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an
injunction against continued infringement. The doctrine infers a form of " permission" that results from
silence or passiveness over an extended period of time.
Overview
Although not typically found in statutory law, the doctrine of acquiescence is well-supported by case
law. One common context in which acquiescence is raised is when there is a dispute or disagreement
over the location of a property line, followed by an extended period of time during which the parties
respect a property line. Even if it is later discovered that the actual property line was in a different
location, the long-term acquiescence to the incorrectly placed line may result in its becoming
enforceable as the legal property line. [2]
The common law doctrine of estoppel . A claim of estoppel may arise when one party gives legal notice
to a second party of a fact or claim, and the second party fails to challenge or refute that claim within a
reasonable time. The second party may be said to have acquiesced to the claim, and thus to be
estopped from later challenging it or making a counterclaim based upon the actions of the other party.
Estoppel by acquiescence is different from estoppel by
laches as acquiescence involves an intentional act of the party who is accused of acquiescence, while
laches may result from conduct that is not voluntary.
Silence is acquiescence (aka. silent acquiescence and acquiescence by silence ). Under this related
doctrine, when confronted with a wrong or an act that can be considered a tortious act, one's silence in
the face of the transgression may result in a loss of a right to make a claim for loss or damage, on the
principle of consent inferred from accepting or permitting the wrongful acts without protest or claim .
[4]
See also
Adverse possession