estoppel by silence

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Estoppel by silence prevents someone from asserting a claim, defense, or position in court when the assertion is the result of that person not sharing relevant information. A person triggers estoppel by silence when they should have shared some piece of misinformation, but they do not; therefore, misleading another person to their detriment.

For example: Sarah sold a vehicle to Jennifer, which Sarah knew had a tire that quickly deflates. Sarah then rides with Jennifer, and during that ride they have a bad wreck after the tire went flat. Estoppel by silence may prevent Sarah from suing Jennifer because the accident was due to information Sarah should have expressed during the sale. 

[Last updated in July of 2021 by the Wex Definitions Team