Legal Term: ACQUIESCENCE

Definition: contracts. The consent which is impliedly given by one or both parties, to a proposition, a clause, a condition, a judgment, or to any act whatever.

2. When a party is bound to elect between a paramount right and a testamentary disposition, his acquiescence in a state of things which indicates an election, when he was aware of his rights will be prima facie evidence of such election. Vide 2 Ves. Jr. 371, 12 Ves. 136 1 Ves. Jr. 335, 3 P. Wms. 315. 2 Rop. Leg. 439.

3. The acts of acquiescence which constitute an implied election, must be decided rather by the circumstances of each case than by any general principle. 1 Swanst. R. 382, note, and the numerous cases there cited. 4. Acquiescence in the acts of an agent, or one who has assumed that character, will, be equivalent to an express authority. 2 Bouv. Inst. n. 1309, Kent, Com. 478, Story on Eq. 255, 4 W. C. C. R. 559, 6 Miss. R. 193, 1 John. Cas. 110, 2 John. Cas. 424 Liv. on Ag. 45, Paley on, Ag. by Lloyd, 41 Pet. R. 69, 81, 12 John. R. 300, 3 Cowen"s R. 281, 3 Pick. R. 495, 505, 4 Mason"s R. 296. Acquiescence differs from assent. (q. v.)

Return to the Legalnut.com Law Dictionary