Also known as: acquiescent · acquiesce · implied consent · estoppel by acquiescence
Written by attorneys · grounded in primary & secondary sources — see below
Passive acceptance of another's conduct that implies consent or authorization. The acceptance need not be express and may arise from silence or inaction when a reasonable person would object.
The President negotiates an executive agreement with a foreign government to resolve pending claims by U.S. citizens. Congress receives notice of the agreement and takes no action to disapprove it over several months. A U.S. claimant later challenges the suspension of a lawsuit in federal court. The court upholds the agreement because congressional acquiescence supplies the necessary implicit approval for the President's foreign-affairs action.
A surgeon discovers an unexpected condition during an operation on an unconscious patient. The surgeon extends the procedure to save the patient's life without obtaining new consent. The patient later sues for battery. The court finds no liability because the patient's prior submission to anesthesia and the life-saving circumstances create implied acquiescence to the extension.
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A state enacts restrictions on abortion procedures after years of federal constitutional litigation. The state legislature acts without federal objection to prior similar measures. A clinic challenges the new law as unconstitutional. The court treats the absence of federal intervention as acquiescence supporting the state's regulatory authority.
A company issues statements about merger negotiations that later prove incomplete. Investors who continued to trade after the statements argue the omissions were material. The court examines whether the market's continued trading without protest constitutes acquiescence to the disclosure standard applied by the company.
Homeowners near a cement plant endure dust and noise for years without seeking an injunction. The plant invests in expansion during that period. When the homeowners finally sue, the court considers whether their prolonged inaction amounts to acquiescence that bars injunctive relief.
A state court applies its own tort rule in a diversity action involving an out-of-state party. The federal court on appeal examines whether the state's long-standing application of that rule without federal correction reflects acquiescence to state law as the rule of decision.
Acquiescence arises from silence or inaction when a reasonable person would object, whereas express consent requires affirmative words or conduct. Courts treat acquiescence as implied consent when the surrounding circumstances make objection expected.
Yes. A principal's failure to object to an agent's repeated acts that fall within the scope of prior authorization indicates that similar future acts are authorized. This form of acquiescence binds the principal to the agent's conduct.
Yes when the benefited owner has tolerated multiple violations by others in the same neighborhood. The pattern of inaction signals abandonment of the covenant and may estop enforcement against a later violator.
Repeated acceptance of nonconforming performance without objection constitutes acquiescence that helps interpret the contract's terms. The accepting party cannot later demand strict compliance without first giving notice that the prior pattern will no longer be tolerated.
…emphasized "the best interests of the patient," "sound clinical judgment," and "informed patient consent," in contrast to "mere acquiescence to the patient's demand." The resolutions asserted that abortion is a medical procedure that should be performed by a licensed physician in an accredited hospital only after consultation…