Also known as: stand by · stands by · stood by · acquiescence · estoppel by acquiescence
Written by attorneys · grounded in primary & secondary sources — see below
Silence or inaction when there is a duty to speak or act. The phrase especially describes the tacit possession of knowledge under circumstances requiring the possessor to reveal that knowledge, which can give rise to estoppel by silence.
U.S. citizens holding claims against a foreign government remained silent after the President announced an executive agreement suspending those claims in U.S. courts. Their inaction, despite knowledge of the agreement and a history of congressional acquiescence, prevented later attempts to revive the suits. The court treated the citizens' standing by as ratification of the settlement.
A homeowner watched an intruder approach with a weapon but stood by without retreating or warning the intruder of the presence of a loaded firearm inside. When the intruder entered, the homeowner used deadly force. The court examined whether the homeowner's earlier inaction forfeited the privilege because a reasonable person would have realized a duty to act sooner.
Select any source to read its text and confirm it supports the definition.
A plaintiff injured on a railroad track sued in federal court and stood by while the defendant argued that state decisional law should govern. The plaintiff's silence on the applicability of federal common law allowed the court to apply the Erie rule and dismiss the federal claim.
Litigants in a diversity case stood by as the district court applied a federal procedural rule instead of the state rule on the same issue. Their failure to object preserved the federal rule's application and barred later reversal on that ground.
A plaintiff stood by without asserting a state statute of limitations defense while the defendant pursued federal equitable claims. The court later held that the inaction constituted acquiescence that prevented the plaintiff from invoking the state bar.
A party affected by an immigration order stood by without challenging the legislative veto provision in the statute. Years later the same party sought to invalidate the order on separation-of-powers grounds. The court treated the earlier silence as acquiescence that undermined the belated constitutional attack.
Standing by occurs when a person remains silent or inactive despite a duty to speak or act and possesses knowledge that circumstances require disclosing. The dictionary definition emphasizes tacit possession of knowledge under such conditions.
Supporting sources
No. The definition focuses on silence or inaction when a duty exists, not on subjective intent. Courts infer the estoppel effect from the failure to act under circumstances that call for disclosure.
Supporting sources
Standing by specifically triggers estoppel when knowledge and a duty to speak are present. Agency excerpts treat acquiescence as evidence of implied authority or ratification, but the estoppel label attaches only when the silence prevents later denial of a fact the party was obligated to reveal.
Supporting sources
Yes. When a principal knows of and stands by during an agent's repeated acts outside the original scope, the inaction can indicate affirmance or ratification under agency principles.
Yes. A former minor who stands by without disaffirming a completed gift for a reasonable time after majority is treated as having ratified it, making the transfer binding.
…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…