....). Premier contends that RCA is estopped by its silence or inaction. "To give rise to an estoppel by silence or inaction, there must be a right and an opportunity to speak and, in addition, an...records which were owned by State, it merely had a right to exclusive re-recording of such records or tapes. Defendants' contention that RCA should be estopped also because of inaction following the...rights in the Dorsey records. Special Term denied a motion by RCA for a temporary injunction on the basis of an estoppel and said there was no demonstration of irreparable injury...

.... Estoppel. To give rise to "estoppel" by silence or inaction, there must be, not only opportunity to speak, but obligation or duty to do so. 8...by silence or inaction there must be not only an opportunity to speak but, in addition, an obligation or duty to do so. The mere fact that another may act to his prejudice if the true state of things.... Estoppel. The mere fact that a person may act to his prejudice, if true state of things is not disclosed by another, does not render such other's silence culpable, nor make it...

... on the contract. It is true that silence or inaction may create an estoppel when there is a legal duty to speak. See Ruddy v. Ore. Auto. Credit Corp., 179 Or. 688, 174 P.2d 603 and Marshall v. Wilson, 175 Or. 506, 520, 154 P.2d 547. But this is not a case of estoppel by silence...: "To constitute an equitable estoppel, or estoppel by conduct, (1) there must be a false representation; (2) it must be made with knowledge of the facts; (3.... This suit was instituted by the plaintiffs, Emmett S. Earls and Mary W. Earls, his wife, ostensibly to foreclose a land sale contract entered into by plaintiffs, as sellers, and the defendant...

...way. And estoppel by silence or inaction will be found only when the other party is misled to his or her detriment. See,e.g., Southeast Grove Management, Inc. v. McKiness...authority or mechanism by which a private employer with less than four employees who engages in business outside the construction industry may "elect" not to secure compensation. Chapter 440...estoppel. Equitable estoppel generally consists of words or conduct which causes another person to believe a certain state of things exists, and to consequently change his or her position in an adverse...

.... The rule is stated in 19 Am.Jur., Section 57, Page 668, Estoppel, as follows: "The courts are especially disposed to uphold a claim of estoppel by silence or inaction where...that Fuller or appellees ever saw the notice. Appellant's son-in-law also testified that he advised Fuller that he was claiming the land, but this is denied by Fuller. Appellant's evidence in this...one party with full knowledge of the facts has stood by without asserting his rights or raising any objection while the other party, acting on the faith of such apparent acquiescence...

...after his mother's death and after appellee had fully performed his contract be heard to assert his claim to the land. 4. ESTOPPEL. — Equitable estoppel may arise by silence or inaction. 5. EQUITY — MAXIMS. — One who is silent when he ought to speak will not be heard to speak when he ought to remain silent. 6. ESTOPPEL. — If...extinguished her testimony, then appellant asserted his claimed interest. It is well settled that equitable estoppel may arise by silence or inaction. In 19 Am. Juris. 661 this appears: "An estoppel may...arise under certain circumstances from silence or inaction as well as from words or actions. Estoppel by silence or inaction is often referred to as estoppel by `standing by', and...

...dated September 28 and November 27, 1956 (totaling $3,221.08), after defendant knew that the subject lease had terminated. It is well settled that to give rise to estoppel by silence or inaction, there...must be not only an opportunity to speak but also an obligation or duty to do so; "There must be some element of turpitude or negligence connected with the silence or inaction by which the other party is misled to his injury" (19 Am.Jur. 663-664, Verbo Estoppel, Sec...before such anniversary date lessee shall pay or tender * * *" etc. (Emphasis supplied.) No drilling operations were commenced and no payment was received by plaintiff on or before May 6, 1956; it...

...uphold a claim of estoppel by silence or inaction where one party with full knowledge of the facts has stood by without asserting his rights or raising any objection while the other party, acting on the...their silence and inaction, to now assert title to the land. In 19 Am. Jur., Estoppel, section 57, page 668, this rule is stated as follows: "The courts are especially disposed to...property, a reconveyance by the grantee is necessary in order to divest him of the title, and the destruction of the deed purposely, or otherwise, does not have the effect of reinvesting the title in...

....) Attention may also be drawn to 19 Am. Jur., Estoppel, Sec. 62, page 678 where it is said: ". . . Estoppel by acquiescence is, obviously, closely related on the one hand to estoppel by consent and, on the other hand, to estoppel by silence or inaction, or...consent and need not involve anything in the nature of a positive affirmation; and while, as has already been pointed out, silence or inaction may, under some circumstances, amount to acquiescence, it...have acquiesced in the making the contract by Sister Mary George and have ratified it. This theory, of course, smacks of estoppel and the defendant immediately argues that the...

...of Admin., Div. of Retirement, 449 So.2d 389 (Fla. 3d DCA 1984). Estoppel by silence or inaction will be found only when the other party is misled to his or her injury...record that indicates that the producers were misled or changed their positions in reliance upon the alleged statutory violation by Southeast. Facts supporting a finding of either estoppel or waiver...claiming himself to be damaged by any breach of the conditions of a bond or certificate of deposit assignment or agreement given by a licensed dealer in agricultural products as hereinbefore provided may...

...) (internal quotations omitted). In addition, “the elements of estoppel by silence or inaction, under New York law, [are] (1) a duty to speak; (2) an opportunity to speak; and (3...of the bond to defendant Atain. To the extent defendant Atain argues for estoppel by silence or inaction, it cannot establish those elements either. It is indisputable that plaintiff had no duty to...obligations... requested from and/or issued by the Surety before, on or after the date of this Agreement, for... any other entity or person in response to a request from [any of the Indemnitors...

...be forfeited. But the Company declined to give such information. It refused to speak thereon. In 19 Am. Jur., Estoppel, Sec. 55, pp. 661-2, it is said: "Estoppel by silence or inaction is...often referred to as estoppel by `standing by,' and that phrase in this connection has almost lost its primary significance of actual presence or participation in the transaction and...on which a waiver or an estoppel might be predicated being undisputed, appellant has never, as a matter of law, taken any action or concealed any information which would result in an actual or implied...

....2d 143 (1934). To give rise to estoppel by silence or inaction, there must be not only an opportunity to speak or act, but also an obligation or duty to do so. It does not appear reasonable to...child support as provided by T.C.A. § 36-2-108 (b)." (Emphasis supplied) The petition prayed "that the petitioner and/or the State of Tennessee be granted a judgment for back... 10. Any money paid by the Respondent to the petitioner, or anyone, directly, and not paid through the Clerk of the Court, will be considered a gift from the Respondent, and the Respondent will not...

...due to the E/C's omission. See Larry K. Meyer, P.A. v. Kimberly, 765 So.2d 951 (Fla. 1st DCA 2000) (estoppel by silence or inaction will be...asserting the statute of limitations, because it made no misstatement or misrepresentation to claimant concerning her treatment. The JCC rejected each of claimant's estoppel arguments..., finding "the E/C did nothing to either impede or mislead claimant regarding her obligation to obtain timely treatment with Bascom Palmer." The JCC, focusing on claimant's other theories of estoppel...

...arise by silence or inaction. In 19 Am., Jur. 661 this appears: `An estoppel may arise under certain circumstances from silence or inaction as well as from words or actions. Estoppel by silence or inaction is often referred to as estoppel by "standing...the land to the appellee for the purpose of caring for the lady. We held that the son by his silence created an equitable estoppel against himself and that he `could not, after his mother's death and...obligate a tenant to make contemplated improvements, lessor did not make his land subject to lien merely by consenting for lessee to make improvements thereon. 2. MECHANICS LIENS — ESTOPPEL. — Mere...

.... There was no coexisting duty on the part of the plaintiff to disclose the claims it had against Underground. To give rise to an estoppel by silence or inaction, our court has said that there ". . . must.... 289.16, Stats. 1967, which states: "289.16 Theft by contractors. All moneys, bonds or warrants paid or to become due, to any prime contractor or subcontractor for public...or any subcontractor for improvements upon the mortgaged premises and all moneys paid to him by any owner for improvements, constitute a trust fund in the hands of any such contractor or...

...those by whose acts he is bound, has acquiesced. Declarations or conduct which might not of themselves amount to an estoppel may become such by acquiescence. Estoppel by acquiescence is, obviously, closely related on the one hand to estoppel by consent, and, on the other hand, to estoppel by silence or inaction, or...involve anything in the nature of a positive affirmation; and while, as has already been pointed out, silence or inaction may, under some circumstances, amount to acquiescence, it does so only where...silence, or that the payment of taxes by the McQueens on this property after the death of the life tenant in 1939 was not a change of position by the McQueens in reliance upon the conduct of Mrs...

.... 130, 209 S.W.2d 459, we discussed equitable estoppel by silence and quoted from 19 Am.Jur. 661: "An estoppel may arise under certain circumstances from silence or inaction as...well as from words or actions. Estoppel by silence or inaction is often referred to as estoppel by `standing by,' and that phrase in this connection..., 222 Ark. 710, 262 S.W.2d 290, we also discussed equitable estoppel by silence. The cited cases conclusively show...

...estop the silent one from raising the question of the invalidity of the decree against such third party. Acquiescence by silence presumes a knowledge of the true state of facts and a willingness to accept the actuality of the apparent though false state of facts. The rule has been stated in 19 Am. Jur., Estoppel, p. 663, sec. 55, as follows: ". . . to give rise to an estoppel by silence or inaction, there...Irene Gibson was the widow of the deceased; that a Mexican divorce obtained by the deceased from the respondent Velda Irene Gibson was void and she was not barred by laches or estoppel in asserting...grounds for believing such divorce was valid, which validity was likewise assumed by a third party marrying on the strength thereof and not relying on the acquiescence by silence, ought not to debar or...

...silent as to its progress in collecting from Lord and Spencer. In other words, the defendant seeks to set up an equitable estoppel, often called an estoppel in pais, based upon the silence or inaction of the plaintiff. The doctrine of equitable estoppel was well stated by this.... 662: "There must be some element of turpitude or negligence connected with the silence or inaction by which the other party is misled to his injury. In other words, to give rise to an estoppel by...silence or inaction, there must be a right and an opportunity to speak and, in addition, an obligation or duty to do so. The mere fact that another may act to his prejudice if the true state of things is not disclosed does not render silence culpable or make it operate as an estoppel against...