estoppel

A bar which stoppeth a person or closes up his mouth to allege or plead what actually may be the truth. 2 Coke, Littleton 352a. A bar which precludes a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers or by his own deed or representations, express or implied. 28 Am J2d Estop § 1. A waiver, being the intentional relinquishment of a known right, is consensual in nature and is distinguished from an estoppel which is not consensual, but is given effect to defeat the inequitable intent of the party estopped. Seavey v Erickson, 244 Minn 232, 69 NW2d 889, 52 ALR2d 1144. The elements of estoppel by acts or representations are reliance by a person entitled to rely on the acts and representations, the misleading of such person, and, in consequence, a change of position to his detriment, so that the person responsible for the misleading will not be permitted to deny the truth of his own statements, express or implied. 29A Am J Rev ed Ins § 1009. Although the terms "waiver" and "estoppel" are not convertible, the distinction between the two terms is not entirely clear in insurance cases. Grantham v State Farm Mut. Auto. Ins. Co. 126 Cal App 2d Supp 855, 272 P2d 959, 48 ALR2d 1088. See judicial estoppel; promissory estoppel; waiver.