Legal Definitions - election, estoppel by

Definition: Estoppel by election is a legal principle that prevents a person from benefiting from one option while rejecting another option that is inconsistent with the first option. It arises when a person intentionally chooses one option over another and is then prevented from claiming the benefits of the option they rejected.

Example: A person inherits a property that is subject to a mortgage. The person has the option to either assume the mortgage or pay it off. If the person chooses to assume the mortgage, they cannot later claim that they did not agree to be responsible for the mortgage payments. This is because they made an intentional choice to assume the mortgage and are now estopped from denying their responsibility.

This example illustrates how estoppel by election works. Once a person makes a choice, they are bound by that choice and cannot later claim the benefits of a different option that is inconsistent with their original choice.