acquiescement

Traductions

• anglais

  Auteur : Office québécois de la langue française, 1988

  Définition

  Failure to object to an infringement of right, yielding an interference of assent and excluding a claim to equitable relief, arising when a person, in the full knowledge of his rights and of the conduct infringing them, allows the person to infringe, does not object, and leads the person infringing to believe that he has waived or abandoned his rights.

  Notes :

  Acquiescence and laches are cognate but not equivalent terms. The former is a submission to, or resting satisfied with, an existing state of things, while laches implies a neglect to do what which the party ought to do for his own benefit or protection. Hence laches may be evidence of acquiescence. Laches import a merely passive assent, while acquiescence implies active assent. "Acquiescence" relates to delay after act is done.
  
  For acquiescence to be invoked there must be overt consent to or active encouragement of the defendant's activity. Merely standing idly by is not enough. Thus, acquiescence is distinguishable from the doctrine of laches.

  Terme :

  1. acquiescence