Acquiescence CASES

In English law, “acquiescence” refers to the passive acceptance or implied consent to an act or situation by remaining silent or failing to assert one’s rights. It commonly arises in equity, particularly in cases involving property rights and trusts.

Definition and principles

Acquiescence is defined as a party’s conduct which implies acceptance or consent, typically by not objecting when reasonably expected to do so. The principle was notably discussed in Allcard v Skinner (1887), where the court highlighted that acquiescence occurs when a party, knowing their rights, fails to enforce them promptly, leading the other party to reasonably assume acceptance.

Requirements of acquiescence

For acquiescence to be established, three elements are generally required: knowledge of one’s rights, passivity or delay in asserting those rights, and circumstances that make it unfair or inequitable to allow later enforcement. The party relying on acquiescence must demonstrate that they acted based on the reasonable belief of consent (Allcard v Skinner, 1887).

Consequences of acquiescence

Acquiescence can bar or restrict a claimant’s ability to enforce their legal rights. Equity intervenes to prevent injustice resulting from delayed enforcement of rights, thus protecting parties who have reasonably relied on the other’s apparent consent or inaction.

Distinction from consent

Acquiescence differs from explicit consent, as it does not require active agreement. Instead, it rests upon inaction or silence, often linked to principles such as estoppel or laches, reinforcing the importance of timely assertion of rights in equity.

Criticism and application

Despite its usefulness in preventing unfairness, acquiescence can be controversial, as it relies heavily on subjective interpretations of conduct and circumstances. Courts therefore approach acquiescence cautiously, considering carefully the context and equities involved in each case.