Legal Definitions - tacit acceptance

Tacit acceptance refers to an agreement or consent that is not explicitly stated in words, but is instead understood or inferred from a person's actions, conduct, or the surrounding circumstances. It signifies acceptance through behavior rather than direct communication.

Here are some examples illustrating tacit acceptance:

• Imagine a homeowner sends a detailed written proposal to a painting company, outlining the scope of work, materials to be used, and the agreed-upon price for painting their house. The painting company does not formally sign the proposal or send an email saying "we accept." However, the following week, the company's crew arrives at the homeowner's property, sets up their equipment, and begins painting the house exactly as described in the proposal.

  In this scenario, the painting company's actions—showing up and starting the work according to the proposal—demonstrate tacit acceptance of the homeowner's offer. Their behavior clearly indicates agreement to the terms, even without a verbal or written confirmation.

• Consider a streaming service that sends an email to its subscribers, informing them that the monthly subscription fee will increase by $2 starting next month. The email states that by continuing to use the service after the effective date of the price change, subscribers will be deemed to have accepted the new terms. A subscriber receives this email but does not reply or cancel their subscription; instead, they continue to log in and watch shows on the platform throughout the following month.

  The subscriber's continued use of the streaming service after receiving the notification constitutes tacit acceptance of the new, higher subscription fee. Their actions imply agreement to the updated terms without needing to explicitly state "I agree."

• Suppose an individual is named as an heir in a will to inherit a small commercial building from a deceased relative. Before the formal probate process is complete, and without explicitly accepting the inheritance in court, the individual begins to manage the property. They collect rent from the existing tenants, arrange for necessary repairs, and pay the property's utility bills.

  By actively managing the commercial building—collecting rent, arranging repairs, and paying bills—the individual demonstrates tacit acceptance of the inheritance. These actions are typical of an owner and show an intent to take possession and control of the property, even before formal legal acceptance.