acquiescence


acquiescence
/skwiyesans/
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.
Conduct 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. 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. Failure to make any objections. Submission to an act of which one had knowledge. Exists where a person knows or ought to know that he is entitled to enforce his right or to impeach a transaction, and neglects to do so for such a length of time as would imply that he intended to waive or abandon his right. Yench v. Stockmar, C.A. Colo., 483 F.2d 820, 834.
It is to be distinguished from avowed consent, on the one hand, and from open discontent or opposition, on the other.
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 "laches" relates to delay after act is done.
See also admission
Administrative agencies
An administrative agency's policy of agreeing to be bound by judicial precedent which is contrary to the agency's interpretation of its organic statute

Black's law dictionary. . 1990.

Synonyms:

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  • acquiescence — I noun accedence, acceptance, accession, accordance, acknowledgment, adsensus, agreement, allowance, assent, compliance, concession, concordance, concurrence, consent, grant, implied consent, nonresistance, observance, passive agreement, passive… …   Law dictionary

  • Acquiescence — is the term used to describe an act of a person in knowingly standing by without raising any objection to infringement of his rights, when someone else is unknowingly and honestly putting in his resources under the impression that the said rights …   Wikipedia

  • acquiescence — ⇒ACQUIESCENCE, subst. fém. Vieilli. Action d acquiescer. Synon. acquiescement : • Nous prenons d ordinaire l acquiescence donnée à la détermination pour un jugement libre et un acte volontaire. BOULAINVILLIERS, Réfut. de Spinoza, p. 8 (Littré).… …   Encyclopédie Universelle

  • Acquiescence — Ac qui*es cence, n. [Cf. F. acquiescence.] [1913 Webster] 1. A silent or passive assent or submission, or a submission with apparent content; distinguished from avowed consent on the one hand, and on the other, from opposition or open discontent; …   The Collaborative International Dictionary of English

  • acquiescence — (n.) 1630s, act of acquiescing, from Fr. acquiescence, noun of action from acquiescer (see ACQUIESCE (Cf. acquiesce)). Meaning silent consent is recorded from 1640s …   Etymology dictionary

  • Acquiescence — Acquiescence, auch Verschweigung, ist ein Begriff des Völkerrechts. Darunter versteht man die stillschweigende und widerspruchslose Hinnahme völkerrechtlich relevanter Stellungnahmen oder Handlungen. Verhalten sich Staaten passiv, obwohl eine… …   Deutsch Wikipedia

  • acquiescence — compliance, resignation (see under COMPLIANT) Analogous words: deference, obeisance (see HONOR): submissiveness (see corresponding adjective at TAME) Antonyms: rebelliousness or rebellion Contrasted words: insubordination, contumaciousness (see… …   New Dictionary of Synonyms

  • acquiescence — [n] reluctant agreement acceptance, accession, approval, assent, compliance, concurrence, conformity, consent, giving in, obedience, permission, resignation, submission, submissiveness, yielding; concepts 8,10 Ant. disagreement, insubordination,… …   New thesaurus

  • acquiescence — [ak΄wē es′əns] n. the act of acquiescing; agreement or consent without protest …   English World dictionary

  • acquiescence — n. 1) complete, total acquiescence 2) acquiescence in, to (acquiescence in a decision) * * * [ˌækwɪ es(ə)ns] total acquiescence to (acquiescence in a decision) complete acquiescence in …   Combinatory dictionary