Estoppel By Acquiescence
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Estoppel By Acquiescence
In law, acquiescence occurs when a person knowingly stands by, without raising any objection to, the infringement of their rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights. As a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an injunction against continued infringement. The doctrine infers a form of " permission" that results from silence or passiveness over an extended period of time. Overview Although not typically found in statutory law, the doctrine of acquiescence is well-supported by case law. One common context in which acquiescence is raised is when there is a dispute or disagreement over the location of a property line, followed by an extended period of time during which the parties respect a property line. Even if it is later discovered that the actual property line was in a different location, ...
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Malice Aforethought
Malice aforethought is the "premeditation" or "predetermination" (with malice (law), malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravation (law), aggravated murder in a few. Insofar as the term is still in use, it has a technical meaning that has changed substantially over time. Etymology Malice aforethought is a direct translation of the Law French term ''malice prépensée'', so the adjective follows the noun as in French. Legal history Malice aforethought was not an element of murder in early medieval English law cases. Both self-defence killings and death by misadventure were treated as murder by juries. Although pardons for self-defence became common after the Statute of Gloucester was passed in 1278, the jury in a 14th-century case still found that a self-defence killing was felonious. In the 12th century, any death by misadventure without a "presentment of Englishry" was sufficient for a jury finding of ...
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