Acquiescence, Estoppel By

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Meaning of Acquiescence, Estoppel By

The elements of this equitable doctrine are: (1) the plaintiff must have made a mistake as to his legal rights ;

(2) the plaintiff must have expended some money or must have done some act on the faith of his mistaken belief ;
(3) the defendant , the possessor of the legal right , must know of the existence of his own right which is inconsistent with the right claimed by the plaintiff;
(4) the defendant, the possessor of the legal right, must know of the plaintiffs misÂtaken belief of his rights. If he does not, there is nothing which calls upon him to assert his own rights; and
(5) the defendant, the possessor of the legal right, must have encouraged the plaintiff in his expenditure of money or in other acts which he has done either directly or by abstaining from asserting his legal rights.
A relief or abandonment of one's rights if, having rights, he stands by and sees another dealing with his property in a manner inconsistent with such rights, and makes no objection while the act is in progress. See Reilly v Hamilton trust Co. of Patterson, 31 A.2d 784; Waggv Herbert, 92 P. 250.

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This entry was last modified: February 5, 2013

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