Acquiescence And Laches Flashcards
What is Acquiescence?
Conduct from which it can be inferred that a person has agreed to a certain state of affairs affecting their legal right, either actively or passively. If a person knowingly allows another to act under a mistaken belief and later tries to enforce their rights, equity may prevent them from doing so.
What is Laches?
A delay in asserting a legal right that prejudices the other party. Unlike acquiescence, which implies fraud or knowledge, laches is based on time lapse.
What is Acquiescence?
A legal principle where a person, by their conduct or silence, is deemed to have accepted a situation affecting their rights, preventing them from later objecting.
What are the elements of Acquiescence?
- The adverse possessor must honestly believe they have a legal right. 2. The adverse possessor must have changed their position based on this belief. 3. The real owner must have knowledge of their right and of the adverse act. 4. The real owner must be aware of the mistaken belief but does nothing to correct it.
What is the effect of Acquiescence?
Prevents a rightful owner from asserting their claim if they knowingly allowed another to act under a mistaken belief and did not intervene in a timely manner.
How does Acquiescence differ from Laches?
Acquiescence involves fraud or intentional inaction by the owner to benefit from another’s mistake, while Laches involves mere delay in asserting a right, without necessarily misleading the other party.
Define Periodic Tenancy.
A tenancy that automatically renews at the end of each period (e.g., month-to-month) unless terminated by notice. Can arise from the acceptance of rent after a fixed-term lease ends.
What is Statutory Tenancy?
A tenancy created by law, where a tenant remains in occupation after the lease expires and is protected from eviction under rent control laws.
What is Laches?
A principle in equity where a person who delays asserting their right loses their ability to enforce it due to the unfair disadvantage caused to the opposing party.
What are the conditions for Laches to apply?
- Unreasonable delay in asserting a right. 2. Prejudice to the other party due to the delay. 3. Lack of justification for the delay.
What is Adverse Possession?
The occupation of land by someone who is not the legal owner, which can lead to ownership rights if done openly, continuously, and without the owner’s objection for a legally specified period.
Define Estoppel by Acquiescence.
A legal doctrine preventing a person from denying a right if they previously allowed another to act under a mistaken belief without correcting them.
Fill in the blank: Acquiescence prevents a rightful owner from asserting their claim if they knowingly allowed another to act under a _______.
[mistaken belief]
