Legal Definitions - assertive conduct

Assertive conduct refers to actions taken by an individual or entity to clearly and unequivocally claim, protect, or enforce their rights, interests, or position. It involves actively expressing or demonstrating one's intent or ownership, rather than passively allowing a situation to unfold or a right to be infringed upon. This type of conduct serves to put others on notice regarding a particular claim or boundary.

• Example 1: A small business owner discovers that a larger competitor has started using a very similar brand name and logo for a new product line, which the owner believes infringes on their established trademark. The owner's attorney sends a formal "cease and desist" letter to the competitor, demanding they immediately stop using the infringing branding.

  Explanation: Sending the cease and desist letter is an act of assertive conduct because the business owner is actively and formally asserting their trademark rights and demanding that the competitor stop an infringing activity. It's a clear, unequivocal statement of their legal position and intent to protect their intellectual property.

• Example 2: A landlord has a tenant who is consistently late with rent payments, violating the terms of their lease agreement. After several verbal reminders, the landlord sends the tenant a formal written notice of default, stating that if the overdue rent is not paid within a specified period, eviction proceedings will begin.

  Explanation: The landlord's action of sending a formal written notice of default is assertive conduct. They are clearly and officially asserting their right to timely rent payments as per the lease agreement and are taking a definitive step to enforce that right, putting the tenant on notice of the consequences of continued non-payment.

• Example 3: A homeowner finds that a utility company has mistakenly installed a new utility box several feet onto their private property, outside of the established easement. The homeowner contacts the utility company, provides a copy of their property survey, and formally demands that the utility box be relocated to the correct boundary line.

  Explanation: The homeowner's actions of providing documentation and formally demanding the relocation of the utility box constitute assertive conduct. They are actively and clearly asserting their property rights and demanding that the utility company rectify an encroachment, rather than passively accepting the incorrect placement.