Lying by refers to the act of being present at a transaction that impacts one's interests while choosing to remain silent. This silence can be interpreted as consent to the transaction. When a person is present but does not voice any objections, courts often view this as an agreement to the terms, meaning they cannot later contest the transaction.
This term is commonly used in various legal contexts, including civil law, contract disputes, and property transactions. In these situations, a person who is affected by a transaction may inadvertently agree to it simply by their presence and lack of objection. Users can manage related forms and procedures using resources like US Legal Forms, which provide templates drafted by legal professionals.
Here are a couple of examples of abatement:
Example 1: A person attends a property sale where they have a financial interest but does not speak up about concerns. Later, they cannot challenge the sale because their silence was interpreted as agreement.
Example 2: During a business partnership meeting, a stakeholder remains silent about a proposed merger. If the merger proceeds, they cannot later dispute it based on their prior silence. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Silence may be interpreted as consent in property transactions. |
| New York | Presence without objection can lead to binding agreements in business dealings. |
| Texas | Similar principles apply, but specific statutes may vary. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Consent | Agreement to a transaction or decision. | Consent is explicit, while lying by can be implied through silence. |
| Assent | Agreement to a proposal or plan. | Assent can be verbal or written, whereas lying by is non-verbal. |
If you find yourself in a situation where lying by may apply, consider the following steps:
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Lying by means being present at a transaction and remaining silent, which can be interpreted as agreement to the transaction.