314. Concept closely related to estoppel; approbation and reprobation.

On the principle that a person may not approbate and reprobate1, a species of estoppel has arisen which seems to be intermediate between estoppel by record and estoppel by representation. The principle that a person may not approbate and reprobate expresses two propositions:

  1. Ìý

    (1)ÌýÌýÌýÌý that the person in question, having a choice between two courses of conduct, is to be treated as having made an