Also known as:lie by · lies by · lying-by · estoppel by silence · acquiescence
Written by attorneys · grounded in primary & secondary sources — see below
An equitable doctrine treating a party's silent presence at a transaction affecting the party's interests as consent to that transaction. The doctrine prevents the silent party from later objecting to the transaction or asserting rights inconsistent with the apparent agreement.
Sources & Authorities
How it applies
Common Examples
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Claim Settlement by Executive Agreement
U.S. citizens holding claims against a foreign government remained silent while the President negotiated an executive agreement suspending their suits in federal court. After the agreement took effect and their claims were redirected to an international commission, the citizens attempted to revive the original litigation. The court held that their presence and silence during the negotiations amounted to lying by, estopping them from challenging the suspension.
State Law Application in Diversity Suit
A plaintiff injured on railroad property sued in federal court under diversity jurisdiction. The defendant remained present during pretrial conferences where state tort rules were discussed and applied without objection. After an adverse verdict, the defendant argued for a different federal common law standard. The court treated the defendant's silence as lying by and refused to permit the new argument.
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Cases
Uniform Acts
Model Codes
Restatements
Dictionaries
Equitable Tolling in Trust Dispute
A beneficiary attended trust administration meetings where the trustee disclosed delayed distributions. The beneficiary stayed silent throughout the discussions and accepted interim payments. Years later the beneficiary sued for breach of fiduciary duty based on the delays. The court found the beneficiary had been lying by and was estopped from asserting the claim.
Procedural Default in Federal Question Case
A litigant participated in state court proceedings without raising a federal constitutional objection to the governing state rule. After losing in state court the litigant sought federal relief on the unraised ground. The federal court held that the litigant's presence and silence constituted lying by, barring the new federal claim.
Commerce Clause Challenge After Acquiescence
A steamboat operator attended legislative hearings on a state licensing statute affecting interstate navigation. The operator remained silent while the statute was enacted and enforced for several years. When later challenging the statute as an unconstitutional burden on commerce, the operator was held to have been lying by and estopped from the attack.
Title Dispute Following Silent Presence
A land claimant attended a state court proceeding determining title to disputed property. The claimant stayed silent while the court entered judgment in favor of another party. Years later the claimant filed a federal action asserting superior title. The court ruled that the claimant's presence and silence amounted to lying by, preventing the later assertion of rights.
Common questions
Frequently Asked
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What conduct satisfies the presence requirement for lying by?+
Physical attendance at the transaction or proceeding is sufficient when the party knows the transaction affects the party's interests. Courts have found lying by even when the silent party does not speak or sign documents, provided the opportunity to object existed.
Supporting sources
Does lying by require actual knowledge of the transaction details?+
Yes. The doctrine applies only when the silent party is aware that the transaction will affect the party's legal interests. Mere presence without such knowledge does not trigger estoppel.
Supporting sources
How does lying by differ from ordinary waiver?+
Lying by focuses on silent presence creating an appearance of consent, whereas waiver typically requires an affirmative relinquishment of a known right. Courts treat lying by as a form of equitable estoppel rather than contractual waiver.
Supporting sources
Can a party avoid lying by by later objecting after remaining silent?+
No. Once the transaction concludes and the silent party has had a reasonable opportunity to speak, subsequent objections are barred. The doctrine prevents the party from taking a position inconsistent with the apparent agreement created by silence.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…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…