acquiescence – a tacit (silent, implied) approval or at least an indication of lack of disapproval

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acquiescence:
(17c)

1. A person’s tacit or passive acceptance; implied consent to an act. [1]

1. A tacit approval or at least an indication of lack of disapproval.  Acceptance, perhaps without approval, as acquiescence in a decision. Stockstrom v Commissioner, 88 App DC 286, 190 F2d 283, 30 ALR2d 443, disapproved ont he grounds in Automobile Club of Michigan v Commissioner, 353 US 180, 1 L Ed 2d 746, 77 S Ct 707.

Conduct from which may be inferred assent with a consequent estoppel or quasi estoppel. Uccello v Gold’n Foods, 325 Mass 319, 90 NE2d 530, 16 ALR2d 459.

The position of one who knows that he is entitled to impeach a transaction or to enforce a right and who 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. Scott v Jackson, 89 Cal 258, 26 P 898, quoting Rapalje and Lawrence’s Law Dictionary.  See also Lux v Haggin, 69 Cal 255, 10 P 674. [2]

     Excerpt from James Crawford’s Brownlie’s Principles of Public International Law 419-20 (8th ed. 2012):

     “The requirements for acquiescence include the notoriety of the facts and claims, their prolonged tolerance by the state(s) whose interests are specially affected, and general toleration by the international community.  As to burden of proof, it has been said that the inference from the conduct amounting to acquiescence may be ‘so probable as to [be] almost certain.’  Acquiescence has so far been applied mostly to claims over territory.  As tacit acceptance justifying an assumption of consent over time, however, it falls within the broader category of unilateral acts.

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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