Legal Definitions - acquiescence

Acquiescence refers to the act of quietly agreeing or consenting to something, often through silence, inaction, or a lack of protest, rather than through an explicit statement. It implies that by not objecting or challenging a situation, a person or entity has implicitly accepted it, even if they never formally said "yes."

Here are some examples to illustrate this concept:

• Example 1: Property Boundary

  A homeowner decides to build a new shed in their backyard. They mistakenly place it a few feet over what their neighbor believes is the actual property line. The neighbor sees the construction happening, observes the shed's final placement, but chooses not to say anything or raise an objection for several years. Later, when the neighbor wants to sell their property, they discover the encroachment and try to demand the shed be moved.

  In this scenario, the neighbor's prolonged silence and inaction while the shed was being built and used could be considered acquiescence. A court might determine that by not protesting the shed's location for an extended period, the neighbor implicitly accepted the new boundary, potentially making it difficult for them to force its removal later.

• Example 2: Business Practice

  A small business has a contract with a supplier stating that all deliveries must arrive by 5 PM on weekdays. For several months, the supplier consistently delivers goods around 6 PM. The business owner receives these late deliveries, unpacks them, and continues to place new orders without ever formally complaining or issuing a notice of breach regarding the late arrivals.

  The business owner's repeated acceptance of the late deliveries without any formal objection or attempt to enforce the original contract terms could be seen as acquiescence. If the business owner suddenly tries to terminate the contract due to these past late deliveries, the supplier might argue that the owner's prior inaction implied acceptance of the adjusted delivery time.

• Example 3: Community Rules

  A neighborhood association proposes a new rule requiring all residents to use a specific type of trash can for waste collection, citing aesthetic reasons. The proposal is circulated, and a public meeting is held to discuss it. While some residents privately express their dislike for the new rule, no one attends the meeting to voice opposition, nor do they submit any written complaints during the comment period. After the rule is officially adopted, everyone begins using the new trash cans.

  Despite any private reservations, the community's collective lack of formal protest or challenge during the rule-making process and their subsequent compliance demonstrates acquiescence. Their silence and inaction allowed the rule to be implemented and enforced, implying a tacit acceptance by the residents as a whole.