A party who is silent when he ought to speak shall not be permitted to speak afterwards to the prejudice of those who have been induced to act upon such omission to speak.

Explanation

(English-origin maxim.) A party who remains silent when duty requires him to speak is estopped from later asserting a position that contradicts the reliance others placed on his silence.

Where this applies

• A property owner watches a neighbor build an expensive fence entirely on the owner's land and says nothing for two years — when the owner finally objects, the court estops him from demanding removal because the neighbor relied on his silence.
• A creditor watches a debtor sell off assets to a third party without objecting, then tries to claim those assets later — his silence when he should have spoken bars him.
• An heir who knows a will is being probated under incorrect terms stays silent, lets other heirs distribute the estate, then sues to reclaim a share — the court bars the claim.