Section 8.16 Waiver and Estoppel

• Library: Tort Law 2016

B. (§8.16) Waiver and Estoppel

For there to be a waiver or estoppel of a fraud claim, three things must occur:

1. An admission, statement, or act of the plaintiff inconsistent with the claim the plaintiff thereafter asserts

2. An action by the alleged tortfeasor on the faith of the admission, statement, or act

3. An injury to the alleged tortfeasor that would result if the plaintiff were allowed to contradict or repudiate the admission, statement, or act

SeeWaugh v. Williams, 119 S.W.2d 223, 226 (Mo. 1938). Waiver and estoppel are distinct. "[W]aiver is ‘the intentional relinquishment of a known right.’" Howe v. Lever Bros. Co., 851 S.W.2d 769, 775 (Mo. App. E.D. 1993) (quoting Heintz v. Swimmer, 811 S.W.2d 396, 399 (Mo. App. E.D. 1991)). Waiver involves knowledge and intent while estoppel does not always require intent:

Waiver differs from estoppel in that waiver involves the act, conduct, or statement of one of the parties to the contract only, waiver...