Waiver and Estoppel
Although the concepts of “waiver” and “estoppel” are usually lumped together, they are totally different concepts that, when applied, result in similar conclusions by a trier of fact. Waiver is a voluntary relinquishment or abandonment—express or implied—of a legal right or advantage. The person who is found to have waived a right must do it knowingly, with knowledge of the existing right and the intention of forgoing the right. Estoppel has a court create a bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true.
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