Legal Definitions - non repugnantia

Non repugnantia is a legal term, primarily used in Scots law, that refers to the absence of opposition or objection to a claim, proposal, or action. Essentially, it means that a party has not expressed any disagreement or resistance, often implying acceptance or acquiescence through silence or inaction.

Here are some examples to illustrate this concept:

• Property Boundary Dispute: Imagine two landowners, Mr. Henderson and Ms. Davies, who have a long-standing disagreement about the exact boundary line between their properties. Mr. Henderson commissions a new survey and proposes a specific boundary based on the surveyor's findings, sending a detailed plan to Ms. Davies. If Ms. Davies reviews the plan and, despite having the opportunity to do so, does not raise any formal objections or counter-proposals within a reasonable period, her lack of opposition could be considered non repugnantia to Mr. Henderson's proposed boundary.

• Contractual Amendment: A software development company, InnovateTech, sends its client, Global Enterprises, a proposed amendment to their existing service contract, outlining changes to the scope of work and payment schedule. The amendment states that if Global Enterprises does not respond with objections within 30 days, the changes will be deemed accepted. If Global Enterprises receives the amendment and allows the 30-day period to pass without communicating any disagreement, their silence would demonstrate non repugnantia to the proposed contractual changes.

• Estate Distribution: When an executor of a deceased person's estate prepares a plan for distributing assets among the beneficiaries, they typically circulate this plan to all involved parties. If all beneficiaries receive the proposed distribution plan and none of them formally challenge or object to it within the legally stipulated timeframe, their collective lack of opposition would be an example of non repugnantia, indicating their acceptance of how the estate's assets are to be divided.