Legal Definitions - lying by

The legal term "lying by" describes a situation where an individual is present during a discussion or transaction that directly impacts their personal or financial interests, but they choose to remain silent and do not voice any objections or agreements. In such cases, courts may interpret this silence as a form of implicit consent or agreement, which can prevent the person from later challenging the transaction or decision.

Essentially, if you are present when something important affecting you is being decided, and you don't speak up, the law might assume you agreed to it, even if you didn't say a word.

• Example 1: Business Partnership Decision

  Imagine two business partners, David and Emily, own a small consulting firm. During a critical meeting, they discuss selling a significant portion of their client list to a competitor. This decision will directly affect the firm's future revenue and, consequently, David's and Emily's personal income from the business. David expresses strong support for the sale, outlining the benefits. Emily is present throughout the entire discussion, listens to all the details, including the proposed sale price and terms, but remains completely silent, offering no input or objections. The sale proceeds based on David's agreement.

  How it illustrates "lying by": Emily was "lying by" because she was present at a transaction (the decision to sell a client list) that directly affected her financial interests as a business owner. By remaining silent and not voicing any concerns or disagreements during the discussion, a court might later interpret her silence as an implied agreement to the sale, preventing her from subsequently suing David or the firm for damages, claiming she never consented to the transaction.

• Example 2: Property Boundary Agreement

  Sarah and Tom are neighbors, and there's an old, unclear fence line between their properties. Tom decides to build a new, permanent fence and invites Sarah to a meeting with a surveyor to establish the exact boundary. During the meeting, the surveyor presents a proposed new boundary line that slightly encroaches on what Sarah believed was her land. Sarah listens to the surveyor's explanation and Tom's agreement to the new line but says nothing, despite her internal reservations. Tom then proceeds to build the expensive new fence along the agreed-upon line.

  How it illustrates "lying by": Sarah was "lying by" because she was present at a discussion about a transaction (the establishment of a new property boundary) that directly affected her property interests. Her silence during the meeting, despite her awareness of the proposed encroachment, could be interpreted by a court as an implicit acceptance of the new boundary. This might prevent her from later demanding that Tom move the fence or claiming ownership of the land beyond the new boundary.

• Example 3: Family Loan Repayment Plan

  A parent lends a substantial sum of money to their two adult children, Mark and Lisa, to help them start a joint venture. When the time comes to discuss repayment, the parent calls a meeting with both children. During the meeting, the parent proposes a repayment plan where Mark will be responsible for 70% of the loan and Lisa for 30%, citing Mark's higher current income. Lisa immediately agrees to her share. Mark is present, hears the entire proposal, and listens to Lisa's agreement, but he remains completely silent, neither agreeing nor disagreeing. The parent then proceeds to set up the repayment schedule based on this understanding.

  How it illustrates "lying by": Mark was "lying by" because he was present during a discussion about a financial obligation (the repayment of a family loan) that directly affected his personal financial interests (the amount he would owe). By remaining silent and not objecting to the proposed 70% share, a court might later consider his silence as an implied agreement to that specific repayment arrangement, preventing him from later claiming he never consented to pay more than Lisa.