estoppel by silence
Estoppel by silence prevents a person from asserting a claim, defense, or position when their failure to disclose material information misled another party to their detriment. Estoppel by silence arises when a person has an equitable legal duty to speak but remains silent, and that silence induces another to act or refrain from acting in reliance on the omission.
For example, Sarah sells a vehicle to Jennifer knowing that one tire rapidly deflates but does not disclose this defect. Later, while riding as a passenger in the car, the tire blows out and causes an accident. If Sarah attempts to sue Jennifer for negligence, estoppel by silence may prevent her recovery because her own failure to disclose the defect led to the harm.
[Last reviewed in October of 2025 by the Wex Definitions Team]
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