Quote:
Originally Posted by Leon
Silence is acquiescence (aka. silent acquiescence and acquiescence by silence). Under this related doctrine, when confronted with a wrong or an act that can be considered a tortious act, one's silence in the face of the transgression may result in a loss of a right to make a claim for loss or damage, on the principle of consent inferred from accepting or permitting the wrongful acts without protest or claim.
Estoppel by silence or acquiescence: Estoppel that prevents a person from asserting something when he had the right and opportunity to do so earlier, and such silence put another person at a disadvantage.
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We had this discussion before in the context of the NYPL. Posts 16-18 I think. To be estopped, the silent person needs to have intended to disadvantage another.
http://www.net54baseball.com/showthr...light=estoppel
__________________
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Last edited by Peter_Spaeth; 01-13-2018 at 01:08 PM.
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