in pais, estoppel

/astopal in pey(s)/ An estoppel not arising from deed or record or written contract. The doctrine is that a person may be precluded by his act or conduct or silence, when it is his duty to speak, from asserting a right which he otherwise would have had. Marshall v. Wilson, 175 Or. 506, 154 P.2d 547, 551.

The effect of a party's voluntary conduct whereby he is precluded from asserting rights as against another person who has in good faith relied upon such conduct and has been led thereby to change his condition for the worse and who acquires some corresponding right of property or contract. Oswego Falls Corporation v. City of Fulton, 148 Misc. 170, 265 N.Y.S. 436.

Elements or fundamentals of "estoppel in pais" include admission, statement, or act inconsistent with claim afterwards asserted, National Match Co. v. Empire Storage & Ice Co., 227 Mo.App. 1115, 58 S.W.2d 797;

change of position to loss or injury of party claiming estoppel, Malloy v. City of Chicago, 369 111. 97, 15 N.E.2d 861, 865;

circumstances such that party estopped knew or should have known facts to be otherwise or pretended to know facts which he did not know; false representation or concealment of material facts, Pickens v. Maryland Casualty Co., 141 Neb. 105, 2 N.W.2d 593, 596;

inducement to alter position; intention that false representation or concealment be acted on, Peterson v. City of Parsons, 139 Kan. 701, 33 P.2d 715, 720;

knowledge of facts, by party to be estopped; lack of knowledge or means of knowledge of party claiming estoppel, Sinclair Refining Co. v. Jenkins Petroleum Process Co., C.C.A. Me., 99 F.2d 9, 13, 14;

misleading of one person by another person to his prejudice or injury, Current News Features v. Pulitzer Pub. Co., C.C.A.Mo., 81 F.2d 288, 292;

prejudice or loss or injury to party claiming estoppel, City of St. Louis v. Mississippi River Fuel Corporation, D.C.Mo., 57 F.Supp. 549, 554;

reliance by one party on belief induced by other party, Strand v. State, 16 Wash.2d 107, 132 P.2d 1011, 1016.

See also equitable estoppel