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NeCede's

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.

Legal domains

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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