LAW OF EVIDENCE 573
II. Conduct is either Active or Passive.
Passive conduct is either
(1) Indifference.
(2) Acquiescence.
Passive conduct to raise an estoppel must amount to acquiescence. It must not merely be conduct of indifference.
Conduct of Acquiescence may be described as follows—
“If a person having a right and seeing another person about to commit or in the course of committing an act infringing upon that right, stands by in such a manner as really to induce a person committing the act, and who might otherwise have abstained from it, to believe that he asserts to its being committed, is a conduct which amounts to conduct of acquiescence”.
2 Bh. 117 (123)41 E.R. 886.
Imp. 45 Bom. I. L R. 80.
14 All. 362 (364).
Acquiescence may occur while the act acquiesced in is in progress or it may occur only after it has been completed.
For the purposes of Estoppel it must occur while the infringement is in progress. Ch. D. 286 (314).
Points to be noted.
1. Misrepresentation must be as to existing facts and not of mere intention. 5 R. L. Cases 185.
Illus.—
I. A person has a legal right but between the time of its creation and that of his attempt to enforce it, he has made representation of his intention to abandon it.