Maxim 6.1.21
Long sufferance is construed as consent.
Source: Fleta, lib. 4, c. 26, s. 4; Weisman, 21h
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Prolonged toleration of another's act without objection is treated as consent — silence and inaction over time raise a presumption that the party acquiesced.
Where this applies
- A landowner watches a neighbor build a fence one foot onto her property and says nothing for fifteen years — her long silence is treated as consent to the encroachment.
- A business allows a competitor to use its trademark for years without objection, and the court treats the silence as implied consent.
- A homeowner sees a utility company run a cable across his yard and never complains for a decade — his long toleration is construed as permission.
Cite this maxim
NeCede Max. 6.1.21 — Long sufferance is construed as consent. — Fleta, lib. 4, c. 26, s. 4; Weisman, 21h
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