Question

Estoppel can be

A By silence Correct Answer Incorrect Answer
B By negligence Correct Answer Incorrect Answer
C By election Correct Answer Incorrect Answer
D All of the above Correct Answer Incorrect Answer

Solution

Estoppel is a legal principle that prevents someone from denying or asserting something that is contrary to what they previously stated or implied. Regarding the given multiple-choice question, the correct answer is d) All of the above. a) Estoppel by silence: This occurs when a person fails to speak up when they have an obligation to do so, and their silence leads another person to believe something that is false. For example, if a landlord knows that there is a problem with the property they are renting out, but fails to disclose it, they may be estopped from later denying knowledge of the issue. b) Estoppel by negligence: This occurs when a person fails to exercise reasonable care, and that failure results in another person relying on their actions or inactions. For example, if an accountant fails to catch an error on a client's tax return, and the client relies on the return being accurate to their detriment, the accountant may be estopped from denying liability for the mistake. c) Estoppel by election: This occurs when a person makes a choice between two inconsistent positions, and the choice results in another person relying on that choice. For example, if a person chooses to accept a payment plan for a debt, rather than insisting on full payment, they may be estopped from later seeking full payment.

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