Doctrine of Acquiescence
1. The Doctrine of Acquiescence is identical with that of the Doctrine of Estoppel.
2. Both the doctrines of acquiescence and waiver can be indicated by means of express words or by implied conduct. However, the doctrine of acquiescence is expressed mostly by conduct.
3. A-a person has a right over a property or right. He allows B-a third person to trespass it. A knows that B is enjoying his (A’s) right, but still remains as a silent spectator without objecting the trespass. In long run, as the time passes, A’s acquiescence gives B’s adverse possession, and limitation starts against possession, and limitation starts against A’s right. A’s delay ‘easementary rights’ or ‘prescription’ in B. Like this, several complications arise in future.
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4. Acquiescence is equal to ‘consent’; sometimes it becomes an agreement between the parties.
5. Acquiescence means an ‘active intelligent. – Consent’, but will be implied if a person is content not to oppose the wrongful act against him. Still the ‘dwindling’ position is seen in the acquiescent.
6. The doctrine of acquiescence is applied in cases of torts and contracts. Sometimes, it is applied even to the Fundamental Rights.
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7. Acquiescence contains ‘avowed consent’ in one hand, and ‘open discontent’ or ‘opposition’ on the other hand. The acquiescent tries to resist the defendant to his level best until the last resort.
8. The maxim “Vigilantibus non dormientibus, jura sub venuiunt” (The laws assist those who are vigilant, not those who sleep over their rights) is applicable to the Doctrine of Acquiescence.
9. In acquiescence, a person acquiesces the decision of an act of another whether willingly or unwillingly.
Doctrine of Waiver
1. The Doctrine of Waiver is identical with that of the Doctrine of Release.
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2. The Doctrine of Waiver is expressed mostly by words, i.e., in written, in lesser occasions by implied conduct. In pleadings, the waiver must be expressed in written.
3. When A waives his right, there ends the matter. B gets full rights or discharged from his contractual obligations or from the tortuous liability. Once A waives, he can’t sue B again.
4. When a party waives his right, there can’t be a contract between the parties, i.e. waiver and waived. It can be simply a discharge from the contractual obligation or tortuous liability.
5. A wrongful act has already been committed against the plaintiff. He has several remedies against the defendant. Still, he chooses only one and waives the remaining legal remedies. Sometimes, he waives all the legal remedies in favour of the defendant. ‘Final decision’ is seen in the waiver.
6. The Doctrine of Waiver is applicable to torts and contracts, but not to the Fundamental Rights in India.
7. This doctrine comes into play when the waiver is vexed or satisfied by other means of legal remedies. Generally, this doctrine comes into play at the last stage, and finally puts the full stop to a contractual obligation or tortuous liability.
8. The maxim “Vigilantibus…” has no place in the Doctrine of Waiver.
9. In waiver, a person waiver his rights with his own decision with his own willingness.