Estoppel by silence is a legal concept that suggests that individuals and businesses may be held liable for something they did not express, by not expressing it. In other words, it is the legal recognition of an exaggerated expectation that a person or business would have responded to a statement or question in the affirmative had that party known that a response was expected or necessary.
For example, imagine a person sells merchandise to a customer who later discovers a defect. If the customer contacts the seller to take responsibility for the defect, the seller may be liable if they remain silent or deny the responsibility despite having an understanding of the defect. In other words, it is a situation where the person or business can be “estopped” or held responsible for not responding when it was thought they should have.
Understanding Estoppel by Silence as a Presumption
Estoppel by silence is a legal presumption, and there are several situations in which it can be applied. For instance, in a contract dispute, a party who’s not replying to an accusation can be presumed to support it, or in certain instances, the silence may be interpreted as an agreement. Under this concept, silence can be seen as either an acceptance of a certain act or statement, or as a rejection of the statement.
The Right to Remain Silent
In most cases, those implicated by estoppel by silence have the right to remain silent. However, this isn’t an ironclad right, and the court may consider other elements to ascertain the best course of action. For example, evidence or testimony from others in the dispute may suggest neglect or injustice, which could increase the legal obligation of the party accused of estoppel by silence.
Conclusion
Estoppel by silence is a legal principle that All businesses should be aware of and consider carefully before engaging in discussions or setting up agreements. This concept holds individuals and businesses to account for their actions, even when the facts being questioned may not have been expressed. It’s important to understand the legal implications of estoppel by silence in order to avoid unintended consequences.