representation, estoppel by

It arises when one by acts, representations, admissions, or silence when he ought to speak out, intentionally or through culpable negligence induces another to believe certain facts to exist and such other rightfully relies and acts on such belief, so that he will be prejudiced if the former is permitted to deny the existence of such facts. Carter v. Curlew Creamery Co., 16 Wash.2d 476, 134 P.2d 66, 73.

It differs from estoppel by record, deed, or contract, in that it is not based on agreement of parties or finding of fact which may not be disputed, and is not mutual, but applies to only one party. It is the effect of voluntary conduct of a party whereby he is absolutely precluded from asserting rights which might perhaps have otherwise existed. Strand v. State, 16 Wash.2d 107, 132 P.2d 1011, 1015.

It is a species of "equitable estoppel" or estoppel by matter in pais. Elements or essentials of such estoppel include change of position for the worse, Campbell v. Salyer, 290 Ky. 493, 161 S.W.2d 596, 599;

detriment or injury or prejudice to party claiming estoppel, Abbott v. Bean, 295 Mass. 268, 3 N.E.2d 762, 768;

express or implied representations; false representation, Chicago, R. I. & P. Ry. Co. v. Sawyer, 176 Okl. 446, 56 P.2d 418, 420;

ignorance of facts by party claiming estoppel, United States v. Dickinson, C.C.A.Mass., 95 F.2d 65, 68;

inducement to action by party claiming estoppel; intent that other party should act on representation or gross and culpable negligence of party sought to be estopped; knowledge, actual or constructive, of facts by person estopped, Rhoads v. Rhoads, 342 Mo. 934,119 S.W.2d 247, 252;

misleading of person claiming estoppel, Campbell v. Salyer, 290 Ky. 493, 161 S.W.2d 596, 599;

reliance of one party on conduct of other party, Mosley v. Magnolia Petroleum Co., 45 N.M. 230, 114 P.2d 740, 751.

The doctrine ordinarily applies only to representations as to past or present facts. In re Watson's Estate, 177 Misc. 308, 30 N.Y.S.2d 577, 586.

See also equitable estoppel

- in pais, estoppel