Skip to content
NeCede's

Maxim 5.4.29

To permit is to allow by passive consent or not hindering; or to grant leave to by express consent or authorization.

Source: Hill v. Montgomery, 176 S.W.2d 284, 287, 352 Mo. 147; Weisman, 52k Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Permission may be given either expressly by words of authorization or impliedly by passive acquiescence — silence in the face of another's act may constitute permission.

Where this applies

  • A homeowner watches her neighbor build a shed that extends two inches onto her property and says nothing for years — her silence is treated as passive permission.
  • A parent signs a consent form expressly authorizing a school field trip, giving permission by direct authorization.
  • A landlord sees a tenant install a satellite dish on the roof and does not object, and the court treats the landlord's silence as implied permission.

Legal domains

Cite this maxim

NeCede Max. 5.4.29 — To permit is to allow by passive consent or not hindering; or to grant leave to by express consent or authorization. — Hill v. Montgomery, 176 S.W.2d 284, 287, 352 Mo. 147; Weisman, 52k

Found an error? Suggest a correction →