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Tacit Acceptance - Law Dictionary Search Results

Home Dictionary Name: tacit acceptance

Tacit acceptance

Tacit acceptance, means the acceptance of an inheritance, indicated by the heirs doing some act that shows an intent to accept it and that the heir would have no right to do except in that capacity, Black's Law Dictionary, 7th Edn., p. 1465....


Acceptance

Acceptance, the taking and receiving of anything in good part, and as it were a tacit agreement to a preceding act, which might have been defeated or avoided if such acceptance had not been made, Jac. Law Dict.The assenting to an offer: it is by the acceptance, whether express or implied, of an offer that all contracts are made. See CONTRACT, AGREEMENT.Acceptance of a bill of exchange is defined by the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. C. 61), s. 17, as 'the signification by the drawee of his assent to the order of the drawer.' It must be written on the bill, and signed by the drawee, whose mere signature is sufficient to charge him: and it must not express that the drawee will perform his promise by any other means than the payment of money, Ib. See BILL OF EXCHANGE.Means communicated acceptance, Ashok Kumar Sahu v. Union of India, (2006) 6 SCC 704....


Expressio eorum qu' tacite insunt nihil operatur

Expressio eorum qu' tacite insunt nihil operatur. Co. Litt. 210.-(The expression of those things which are tacitly implied has no effect.) See Broom's Max., citing Doe v. Alexander, (1814) 2 M. & S. 525, where the maxim was applied by Dampier, J., and other cases....


tacit

tacit 1 : implied (as by an act or by silence) rather than express [a admission] 2 in the civil law of Louisiana : arising by operation of law [a mortgage] tac·it·ly adv ...


In contractis tacite insunt qu' sunt moris et consuetudinis

In contractis tacite insunt qu' sunt moris et consuetudinis. (Persons are presumed to contract with reference to habits and customs)....


Tacit

Tacit, means implied but not actually expressed, implied by silence or silent acquiescence, Black's Law Dictionary, 7th Edn., p. 1465....


Tacit relocation

Tacit relocation, a silent or understood reletting of premises after the expiration of a lease, upon the same terms, etc., as those of such lease, Scots Term.Means the implied or constructive renewal of a lease, usually, on a year-to-year basis, when the landlord and tenant have failed to indicate their intention to have the lease terminated at the end of the original term, Black's Law Dictionary, 7th Edn., p. 1465....


Acceptance of bill of exchange

Acceptance of bill of exchange, 'Acceptance' in regard to a bill of exchange does not'mean 'taking' or 'receiving'. Acceptance of a bill of exchange is the signification by the drawee of his assent to the order of the drawer. It is the act by which the drawee evinces his consent to comply with, and be bound by, the request contained in a bill of exchange directed to him, and is the drawee's agreement to pay the bill when it falls due. In commercial parlance acceptance of a bill of exchange is the drawee's signed engagement to honour the draft as presented, American Express Bork Ltd. v. Calcutta Steel Co., (1993) 2 SCC 199 (207). [Negotiable Instruments Act, 1881, ss. 7, 32, 33]...


Acceptance of goods

Acceptance of goods. By s. 4 of the (English) Sale of Goods Act, 1893 (56 & 57 Vict. C. 71), a contract for sale of goods of the value of 10' or more is not enforceable by action unless the buyer 'accept' part of the goods and actually receive them, or partly pay, or unless there be a note or memorandum in writing of the contract signed by the party to be charged, and there is an acceptance 'when the buyer does any act in relation to the goods which recognizes a pre-existing contract of sale whether there be an acceptance in performance of the contract or not.'...


Approval and Acceptance

Approval and Acceptance, -- Expression 'approval' presupposes an existing order. 'Acceptance' means communicated acceptance. A distinction exists between the expressions 'approval' and 'acceptance', Ashok Kumar Sahu v. Union of India, AIR 2006 SC 2879. [All India Services Act, 1951, s. 3]...


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