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Define That Term #318

By Nicole Black, Esq.

Last week's term was estoppel by silence, which is defined as: A type of estoppel that prevents a person from asserting something when she had both the duty and the opportunity to speak up earlier, and her silence put another person at a disadvantage. For example, Edwards' Roofing Company has the wrong address and begins ripping the roof from Betty's house by mistake. If Betty sees this but remains silent, she cannot wait until the new roof is installed and then refuse to pay, asserting that the work was done without her agreement. No one guessed this time around. This...

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Full post as published by Sui Generis on April 26, 2009 (boomark / email).