Define: Estoppel By Silence

Estoppel by silence is a legal principle that prevents a person from asserting a right or claim when they have intentionally or negligently remained silent and allowed another person to rely on their silence to their detriment.

Estoppel by silence occurs when one party fails to speak up or correct a false impression created by their silence, and another party relies on that silence to their detriment. The silent party is then prevented from asserting a right or claim based on the false impression.

Yes, estoppel by silence is a recognized legal doctrine in many jurisdictions. It is often used in contract law and can also apply in other areas such as property law and tort law.

To establish estoppel by silence, certain elements must be present. These typically include the existence of a duty to speak, the knowledge of the silent party about the false impression, the reliance of the other party on the silence, and the resulting detriment suffered by the relying party.

Yes, estoppel by silence can be used as a defence in certain situations. If a party has relied on another party’s silence to their detriment, the silent party may be estopped from asserting a right or claim that contradicts the false impression created by their silence.

Estoppel by silence is primarily a civil law concept and is not commonly applied in criminal cases. Criminal liability generally requires proof of intent or knowledge, which may not be satisfied by mere silence.

Yes, estoppel by silence can be waived if the silent party explicitly or implicitly indicates that they will not rely on their silence as a defence. This can be done through a clear statement or by engaging in conduct inconsistent with the assertion of estoppel.

There are certain exceptions to estoppel by silence, such as when the silent party has a legal duty to remain silent or when the relying party should have known the truth despite the silence. Additionally, the application of estoppel by silence may vary depending on the specific jurisdiction and the facts of the case.

Estoppel by silence generally cannot be used to enforce an illegal or void contract. The principle is based on equity and fairness, and it is unlikely to be applied in situations where the underlying agreement is illegal or against public policy.

Estoppel by silence can be used against a government entity in certain circumstances. However, the rules and requirements may vary depending on the jurisdiction and the specific laws governing government actions. It is advisable to consult with a legal professional to determine the applicability of estoppel by silence in such cases.