Estoppel by Silence Law and Legal Definition
Estoppel by silence arises when a party is under a duty to speak but fails to do so. Estoppel by silence is also known as estoppel by standing or estoppel by inaction.
Estoppel by silence arises from an obligation. The doctrine of estoppel by silence also requires an intention to mislead or at least a willingness that others should be deceived. [Wiser v. Lawler, 189 U.S. 260 (U.S. 1903)]
