estoppel by silence


estoppel by silence
An estoppel in pais. An estoppel which arises where a person who by force of circumstances is under a duty to another to speak, refrains from doing so and thereby leads the other to believe in the existence of a state of facts in reliance upon which he acts to his prejudice. Engelhardt v Gravens (Mo) 281 SW 715, 719. An estoppel by standing by. 28 Am J2d Estop §§ 43, 53.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • estoppel by silence — see estoppel 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. estoppel by silence …   Law dictionary

  • estoppel by silence — Such estoppel arises where person is under duty to another to speak or failure to speak is inconsistent with honest dealings. An agreement inferred from silence rests upon principle of estoppel. Letres v. Washington Co op. Chick Ass n, 8 Wash.2d… …   Black's law dictionary

  • Estoppel — in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth,… …   Wikipedia

  • estoppel — es·top·pel /e stä pəl/ n [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop] 1: a bar to the use of contradictory words or acts in asserting a claim or right against another; esp: equitable estoppel in this… …   Law dictionary

  • silence — si·lence n 1: the state of keeping or being silent; esp: forbearance from speech or comment 2: failure to make something known esp. in violation of a duty to do so acceptance by silence see also estoppel by silence at estoppel …   Law dictionary

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

  • estoppel by inaction — See estoppel by silence; estoppel by standing …   Ballentine's law dictionary

  • silence — Refraining from speech. The absence of speech; not a concealment or representation in itself. 37 Am J2d Fraud § 144. Mere silence, as a general rule does not amount to an assent, but, taking it together with other circumstances, there are many… …   Ballentine's law dictionary

  • estoppel by standing by — See estoppel by silence …   Ballentine's law dictionary

  • Estoppel (English law) — Estoppel is a legal doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (eg. words said or actions performed) which is different from an earlier set of facts. Estoppel could …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.