ACQUIESCENCE

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ACQUIESCENCE

ACQUIESCENCE, contracts. The consent which is impliedly given by one or both parties, to a proposition, a clause, a condition, a judgment, or to any actwhatever. 2. When a party is bound to elect between a paramount right and atestamentary disposition, his acquiescence in a state of things whichindicates an election, when he was aware of his rights will be prima facieevidence of such election. Vide 2 Ves. Jr. 371; 12 Ves. 136 1 Ves. Jr. 335;3 P. Wms. 315. 2 Rop. Leg. 439. 3. The acts of acquiescence which constitute an implied election, mustbe decided rather by the circumstances of each case than by any generalprinciple. 1 Swanst. R. 382, note, and the numerous cases there cited. 4. Acquiescence in the acts of an agent, or one who has assumed thatcharacter, will be equivalent to an express authority. 2 Bouv. Inst. n.1309; Kent, Com. 478; Story on Eq. Sec. 255; 4 W. C. C. R. 559; 6 Miss. R.Sec. 193; 1 John. Cas. 110; 2 John. Cas. 424 Liv. on Ag. 45; Paley on, Ag.by Lloyd, 41 Pet. R. 69, 81; 12 John. R. 300; 3 Cowen's R. 281; 3 Pick. R.495, 505; 4 Mason's R. 296. Acquiescence differs from assent. (q.v.)

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