Can the doctrine of estoppel by silence be used to enforce smart contracts in the cryptocurrency space?

3 answers

• Michael NMar 08, 2025 · 3 months ago
  Yes, the doctrine of estoppel by silence can potentially be used to enforce smart contracts in the cryptocurrency space. Estoppel by silence is a legal principle that holds a party accountable for not speaking up or taking action when they have a duty to do so. In the context of smart contracts, if one party remains silent and allows the other party to rely on the terms of the contract, they may be estopped from later claiming that the contract is invalid or unenforceable. However, the applicability of estoppel by silence to smart contracts in the cryptocurrency industry may vary depending on the jurisdiction and specific circumstances of the case.
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• Kayden RagsdaleMay 31, 2021 · 4 years ago
  Well, it's a bit of a gray area. While estoppel by silence has been used in traditional legal contexts, its application to smart contracts in the cryptocurrency space is still relatively untested. Smart contracts operate on blockchain technology and are designed to be self-executing and immutable. Therefore, the question arises whether the concept of silence can be applied in a system that relies on code and automation. It will likely require further legal interpretation and precedent to determine the extent to which estoppel by silence can be used to enforce smart contracts in the cryptocurrency industry.
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• Kavin GamageOct 08, 2023 · 2 years ago
  As an expert in the cryptocurrency industry, I can say that the doctrine of estoppel by silence is not commonly used to enforce smart contracts. The enforceability of smart contracts primarily relies on the underlying code and the consensus mechanism of the blockchain network. While estoppel by silence may have its place in traditional legal systems, the decentralized and automated nature of smart contracts in the cryptocurrency space makes it less relevant. Instead, the focus is on ensuring the integrity and security of the code and the network to prevent any potential breaches or disputes.
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