Legal Definitions - connivance

Connivance describes a situation where one person knowingly allows, encourages, or implicitly agrees to another person's wrongdoing, especially when they have a responsibility to prevent it. It implies a degree of complicity or willful blindness rather than just passive knowledge.

Historically, and sometimes still, connivance is a defense in divorce cases. A spouse accused of adultery or other marital misconduct might argue that the other spouse actually consented to, or even facilitated, the misconduct. The legal principle behind this is that you cannot claim to be harmed by an act you yourself agreed to or helped bring about. For this defense to apply, the consent must be 'corrupt,' meaning the complaining spouse genuinely intended, desired, or was at least unopposed to the misconduct occurring. It's not enough for them to simply know about the wrongdoing and be unable to stop it, or to allow it to continue merely to gather evidence for a divorce.

More broadly, connivance can refer to any instance where a person, in bad faith, ignores or implicitly consents to another's wrongful act, particularly when they have a duty to intervene.

• Example 1 (Divorce Context): A husband, feeling trapped in his marriage, subtly encourages his wife to rekindle a friendship with an old flame, knowing that the friend has romantic feelings for her. He frequently arranges for them to spend time together, hoping an affair will develop so he can use it as grounds for divorce without appearing to be the instigator.

  Explanation: This illustrates connivance because the husband actively facilitated and implicitly consented to his wife's potential adultery. If he later filed for divorce citing adultery, his wife could argue connivance as a defense, claiming he corruptly encouraged the misconduct.

• Example 2 (Business Ethics): A company's compliance officer discovers that a high-performing sales executive is regularly falsifying sales figures to meet quotas and earn larger bonuses. Instead of reporting the executive or initiating an investigation, the officer decides to ignore the misconduct because the executive's inflated numbers make the entire department look good, indirectly benefiting the officer's own career prospects.

  Explanation: Here, the compliance officer is engaging in connivance. Despite a clear duty to uphold ethical standards and prevent fraud, the officer implicitly consents to the executive's wrongdoing by deliberately ignoring it for personal gain (career advancement). This willful blindness constitutes corrupt consent.

• Example 3 (Public Safety): A city council member learns that a construction company, a major campaign donor, is using substandard materials and cutting corners on a new public park project, potentially compromising safety. Instead of raising concerns or demanding an investigation, the council member remains silent, allowing the unsafe practices to continue to ensure future campaign contributions.

  Explanation: This is an example of connivance in a broader sense. The council member, despite a responsibility to protect public safety, implicitly consents to the construction company's wrongful and potentially dangerous actions by deliberately ignoring them. The motive of securing campaign donations makes this consent "corrupt."