Election estoppel is a legal concept that occurs when a person deliberately selects one option over another, thereby forfeiting any benefits associated with the unchosen option. Estoppel, in general, is a legal principle that prohibits a person from denying or contradicting their previous statements or actions. Estoppel can arise from different circumstances, including false representations, failure to speak when obligated to do so, or a delay in asserting a claim.
Estoppel by election is a legal principle that prohibits an individual from benefiting from one choice while rejecting another choice that contradicts the first one. It occurs when a person deliberately selects one option over another and is subsequently barred from claiming the advantages of the option they declined. For instance, if someone inherits a property with a mortgage, they can either assume the mortgage or pay it off. If they choose to assume the mortgage, they cannot later argue that they did not agree to be responsible for the mortgage payments. This is because they made a deliberate decision to assume the mortgage and are now estopped from denying their obligation. This example demonstrates the functioning of estoppel by election. Once a person makes a decision, they are bound by it and cannot later seek the benefits of a different option that contradicts their original choice.
Estoppel by election is a legal principle that prevents a person from asserting a right or claim that is inconsistent with their previous actions or choices. It applies when a person knowingly and voluntarily makes a choice that has legal consequences, and they cannot later change their position to the detriment of others.
Estoppel by election works by preventing a person from taking advantage of their own inconsistent actions or choices. If someone has made a clear and unequivocal choice, and others have relied on that choice to their detriment, the person cannot later change their position and assert a different right or claim.
To establish estoppel by election, the following elements must be present:
Others must have relied on that choice to their detriment.
Can estoppel by election be used in any legal situation?
What is the purpose of estoppel by election?
Can estoppel by election be used as a defence?
Are there any exceptions to estoppel by election?
Can estoppel by election be waived or overridden?
What remedies are available in cases involving estoppel by election?
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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