acquiescence, estoppel by


acquiescence, estoppel by
Acquiescence is a species of estoppel. An estoppel arises where party aware of his rights sees other party acting upon mistaken notion of his rights. Injury accruing from one's acquiescence in another's action to his prejudice creates "estoppel". Lebold v. Inland Steel Co., C.C.A.I11., 125 F.2d 369, 375.
Passive conduct on the part of one who has knowledge of the facts may be basis of estoppel. Winslow v. Burns, 47 N.M. 29, 132 P.2d 1048, 1050.
It must appear that party to be estopped was bound in equity and good conscience to speak and that party claiming estoppel relied upon acquiescence and was misled thereby to change his position to his prejudice. Sherlock v. Greaves, 106 Mont. 206, 76 P.2d 87, 91.
See also estoppel

Black's law dictionary. . 1990.

Look at other dictionaries:

  • acquiescence, estoppel by — n. Estoppel that arises if a party has the opportunity to object to something but gives implied consent by inaction. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • Estoppel — in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth,… …   Wikipedia

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

  • acquiescence — /skwiyesans/ Conduct recognizing the existence of a transaction, and intended, in some extent at least, to carry the transaction, or permit it to be carried, into effect. It is some act, not deliberately intended to ratify a former transaction… …   Black's law dictionary

  • Estoppel (English law) — Estoppel is a legal doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (eg. words said or actions performed) which is different from an earlier set of facts. Estoppel could …   Wikipedia

  • estoppel by acquiescence — Acquiescence is a species of estoppel. An estoppel arises where party aware of his rights sees other party acting upon mistaken notion of his rights. Injury accruing from one s acquiescence in another s action to his prejudice creates estoppel .… …   Black's law dictionary

  • Acquiescence — is the term used to describe an act of a person in knowingly standing by without raising any objection to infringement of his rights, when someone else is unknowingly and honestly putting in his resources under the impression that the said rights …   Wikipedia

  • Acquiescence — Acquiescence, auch Verschweigung, ist ein Begriff des Völkerrechts. Darunter versteht man die stillschweigende und widerspruchslose Hinnahme völkerrechtlich relevanter Stellungnahmen oder Handlungen. Verhalten sich Staaten passiv, obwohl eine… …   Deutsch Wikipedia

  • acquiescence — A tacit approval or at least an indication of lack of disapproval. Acceptance, perhaps without approval, as acquiescence in a decision. Stockstrom v Commissioner, 88 App DC 286, 190 F2d 283, 30 ALR2d 443, disapproved on the grounds in Automobile… …   Ballentine's law dictionary

  • City and Westminster Properties (1934) Ltd v Mudd — Court High Court Citation(s) [1959] Ch 129 Case opinions Harman …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.