Law of Torts-I (Final Term)

Week 4: DISCHARGE OF TORTS

Session 2

6. Acquiescence:

Where a person, who knows that he is entitled to enforce a right, neglects to do so for a length
of time, the other party may fairly infer that he has waived or abandoned the right. But to
deprive a man of his legal remedies there must be something more than a mere delay. Direct
acquiescence takes away a right of action. If an injured person, with full knowledge of his right
to bring an action for tort, neglects to do so for a length of time, it may fairly be inferred that he
or she has consented and thus it can be inferred that the wrongdoer has been liberated from
liability.

A very good example of acquiescence will be when a person has been using your land to access
his/her agricultural land and you slumber or sleep over your right to sue. You don’t challenge
his/her access to the agricultural land. The person is accessing his/her land openly and
uninterruptedly for a continuous time period of twenty years. You consent to or agrees to or
acquiesce to such use on his part. Though the person is doing something wrong- using your
land- but the law presumes that you have given consent to the person to use your land. This
type of behavior is known as ‘Acquiescence’ which discharges or terminates a tort.

Another good example would be when some has been operating a factory in your
neighborhood for twenty years. The factory creates nuisance- smoke and noise. You are unable
to sleep. If you go to the court and try to enforce your right, the court will be reluctant to
enforce your right on the basis of your acquiescence. Though the wrongdoer is doing something
unacceptable, however, your laziness - to sleep over your right to have been enforced in due
course of time - has helped the wrongdoer and thus results in the termination or discharge of
torts through ‘Acquiescence’.