connivance


Also found in: Dictionary, Thesaurus, Encyclopedia, Wikipedia.
Related to connivance: champertous

Connivance

The furtive consent of one person to cooperate with another in the commission of an unlawful act or crime—such as an employer's agreement not to withhold taxes from the salary of an employee who wants to evade federal Income Tax. The false consent that a plaintiff gave to a defendant's past conduct during their marriage which the plaintiff presently alleges as a ground for Divorce.

Connivance has been used as a defense primarily in an action for divorce based upon Adultery. In situations where connivance is used, the facts must establish that the plaintiff either consented or knowingly acquiesced to the adulterous conduct of the spouse or created the opportunity for adultery by persuading someone to seduce the spouse. It is considered a logical extension of the equitable Maxim of clean hands in that it would be unfair to permit a plaintiff to obtain judicial relief for a situation which he or she created. Practically speaking, however, connivance is rarely asserted as a defense. The modern trend in divorce laws is that there is little benefit to continuing a marital relationship between partners so indifferent to each other that they consent to a serious violation of their marital vows.

The defense of connivance cannot be asserted in an action based upon a state's no-fault divorce laws.

connivance

noun act of maneuvering, act of schemmng, alliance, association, chicanery, coagency, coincidence, collaboration, collusion, combined operation, complicity, complot, concert, concord, concurrence, concurrent opinnon, confederacy, conjunction, conspiracy, contrivance, cooperation, corrupt agreement, corrupt collusion, corrupt consent, corrupt consenting, corrupt cooperation, implied assent, indulgentia, intrigue, joint effort, joint planning, junction, league, liaison, machination, manipulation, plot, scheme, secret approval, underhand particiiation, underhanded complicity, underplot, voluntary overright, working together
Associated concepts: connivance as a defense to a divorce
See also: artifice, bad faith, bribery, cabal, collusion, confederacy, conspiracy, contrivance

connivance

the tacit encouragement of or assent to another's wrongdoing, for example, the petitioner in a divorce suit to the respondent's adultery. See also LENOCINIUM.

CONNIVANCE. An agreement or consent, indirectly given, that something unlawful shall be done by another.
     2. The connivance of the husband to his wife's prostitution deprives him of the right of obtaining a divorce; or of recovering damages from the seducer. 4 T. R. 657. It may be satisfactorily proved by implication.
     3. Connivance differs from condonation, (q.v.) though either may have the same legal consequences. Connivance necessarily involves criminality on the part of the individual who connives, condonation may take place without implying the slightest blame to the party who forgives the injury.
     4. Connivance must be the act of the mind before the offence has been committed; condonation is the result of a determination to forgive an injury which was not known until after it was inflicted. 3 Hagg. Eccl. R. 350.
     5. Connivance differs, also, from collusion (q. Y.); the former is generally collusion. for a particular purpose, while the latter may exist without connivance. 3 Hagg, Eccl. R. 130. Vide Shelf. on Mar. & Div. 449; 3 Hagg. R. 82; 2 Hagg. R. 376; Id. 278; 3 Hagg. R. 58, 107, 119, 131, 312; 3 Pick. R. 299; 2 Caines, 219; Anth. N.P. 196.

References in classic literature ?
Athos, fearing lest he should be suspected of connivance with some of his compatriots, remained outside the tent.
If you escaped, Salensus Oll would know that only through my connivance could you have succeeded.
The magic egg-cup I usually carried about with me, and with its connivance I did some astonishing things with pennies, but even the penny that costs sixpence is uncertain, and just when you are saying triumphantly that it will be found in the egg-cup, it may clatter to the ground, whereon some ungenerous spectator, such as Irene, accuses you of fibbing and corrupting youthful minds.
His original plan had contemplated connivance in the escape of Lady Greystoke for two very good and sufficient reasons.
With a grace all her own, Cecilia dived under the bed, and produced a basket of jam tarts, a basket of fruit and sweetmeats, a basket of sparkling lemonade, and a superb cake--all paid for by general subscriptions, and smuggled into the room by kind connivance of the servants.
I do not believe either in the guilt or in the connivance of my concierges, though I cannot understand what they were doing in the park at that late hour of the night.
Through the connivance of the police and the authorities, it was given out to the world as heart disease.
Rubelle's connivance and interest in the conspiracy, and we are therefore not certain that the date has been impressed on her mind, as it has been assuredly impressed on the minds of Sir Percival and the Count.
I know not what other word they may have understood it by since, but he was one who by connivance was admitted to go abroad every evening, when he played his pranks, and furnished those honest people they call thief-catchers with business to find out the next day, and restore for a reward what they had stolen the evening before.
It seemed, from a short whispering which presently ensued between them and the vintner relative to the best way of escape, that they had entered by the back-door, with the connivance of John Grueby, who watched outside with the key in his pocket, and whom they had taken into their confidence.
Still, if her father really has left her, without any connivance on her part - Bounderby, let me have a word with you.
John Douglas himself could be, and the balance of probability was that with the connivance of his wife and his friend he was concealed in a house which had such conveniences for a fugitive, and awaiting quieter times when he could make his final escape.