ESTOPPEL BY SILENCE Meaning and
Definition
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Estoppel by silence is a legal principle that arises when there is a duty to speak or refute a statement, and yet a party remains silent, thereby implying consent or acceptance of the statement. This concept is based on the idea that a person who intentionally omits to speak when they have a duty to do so should not later be allowed to assert a claim that contradicts their previous silence.
In order for estoppel by silence to be applicable, certain elements must be present. Firstly, there must be a relationship of trust or legal duty between the two parties involved. Secondly, one party must make a statement or assertion which the other party has a duty to respond or refute. Lastly, the party who remains silent must have the knowledge or awareness of the statement and the duty to respond.
Estoppel by silence prevents a party from taking advantage of its silence to mislead or deceive others. It reflects the principle that in some situations, silence can be as communicative and binding as explicit verbal or written statements. This doctrine is often invoked in contractual or legal disputes, where a party's failure to speak up or refute a claim may be deemed as an acceptance or agreement.
Overall, estoppel by silence acts as a safeguard against unfair or unjust conduct, ensuring that parties are held accountable for their silence when they have a duty to speak or refute a statement.
Common Misspellings for ESTOPPEL BY SILENCE
- wstoppel by silence
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