The legal doctrine of approbation and reprobation prevents a party from
simultaneously accepting and rejecting the same legal instrument or transaction.
This principle, grounded in the broader concepts of estoppel and equity, ensures
that individuals cannot benefit from taking contradictory stances. The Latin
maxim "quod approbo non reprobo," meaning "what I approve, I cannot disapprove,"
encapsulates the core idea. This principle essentially means that a person
cannot accept the benefits of a contract or decision while simultaneously
rejecting its burdens.
In
Tinkler v. Hilder (1849), Baron Parke articulated the principle that a party
cannot simultaneously accept the benefits of a court order while challenging its
validity for other purposes.
The legal principle of election prevents a person from both accepting and
rejecting the same thing. This principle, as illustrated by the Supreme Court
in
R.N. Gosain v. Yashpal Dhir, AIR 1993 SC 352, means that one cannot
simultaneously claim a transaction is valid to gain an advantage and then later
invalidate it for another benefit.
This legal principle, often interpreted to uphold fairness and justice within
the legal system, states that a party cannot concurrently benefit from and then
reject a contract, transaction, or court order. Specifically, if an individual
or entity initially accepts a benefit or gains an advantage based on the
validity of a contract or order, they are subsequently barred from claiming that
same contract or order is invalid in order to secure a further or different
advantage. This principle prevents a party from "approbating and then
reprobating" the same legal instrument - essentially, they cannot first accept
and then reject the same thing to suit their changing needs.
Historical Roots and Legal Basis:
The principle has a rich history in common law, and it plays a crucial role in
ensuring that fairness and consistency are upheld in all legal proceedings. This
principle explicitly forbids parties from taking contradictory positions in any
legal matter, as doing so could result in an unjust outcome and undermine the
credibility and trustworthiness of the entire legal system. By adhering to this
principle, we promote a positive and fair environment where the truth can be
pursued and justice can be served efficiently and ethically.
Illustrative Example: Wills and Inheritance:
A classic application lies within wills and inheritance. A beneficiary who
accepts a benefit from a will cannot later challenge its validity. This prevents
individuals from selectively benefiting from a legal document while rejecting
its associated obligations.
Key Case Laws:
- Crawford v. Crawford and Dilke (1887): This case established that accepting a
benefit under a will requires acceptance of the entire will, preventing
subsequent challenges to its validity. The court emphasized the need for
consistent legal conduct and the inequity of selectively accepting favourable
parts of a legal instrument.
- Bhagwati Prasad v. Chandramaul (1966): The Supreme Court of India affirmed that
a party accepting a decree cannot later challenge it based on illegality or
irregularity. This ruling highlighted how such contradictory positions would
undermine judicial fairness and cause procedural problems.
Application in Contract Law:The principle is highly relevant in contract law. In
Lissenden v. C.A.V. Bosch Ltd (1940), the House of Lords ruled that an employee accepting compensation under a statutory scheme could not later seek additional damages outside of it. This case emphasizes the doctrine's role in ensuring parties adhere to agreed-upon terms, preventing them from rejecting terms that prove inconvenient. It promotes contractual stability and accountability.
Relevance in Property Law:Property law also utilizes this principle. In
Farrar v. Farrars Ltd (1888), a party who received benefit from a property sale under a specific agreement was prevented from disputing its terms. The court emphasized that such contradictory behaviour could lead to unjust enrichment and undermine established property rights, thereby protecting the integrity of property transactions.
Importance in Administrative Law:In administrative law, the principle prevents the misuse of administrative processes. The Indian Supreme Court in
State of Punjab v. Dhanjit Singh Sandhu (2014) stated that a party who participated in and accepted the outcome of an administrative process cannot later challenge its validity. Allowing such challenges would undermine the finality of administrative decisions and disrupt governance.
Relationship with Equity and Estoppel:Deeply rooted in the equitable principles of fairness and estoppel, the doctrine of approbation and reprobation serves as a cornerstone for good faith conduct in legal proceedings. This principle functions by compelling parties to maintain consistent positions throughout their interactions, thereby preventing them from adopting contradictory stances to gain an unfair advantage. This prohibition against "blowing hot and cold," as it's sometimes known, is crucial in guarding against opportunistic behaviour and promoting integrity within the legal system. The importance of this principle is underscored by the extensive scholarly work on estoppel, notably Spencer Bower's seminal contributions, which further highlight its role in ensuring just and predictable outcomes.
Exceptions and Limitations:The principle isn't absolute. If a party can demonstrate that they acted under a mistaken belief or were unaware of their rights, they may not be bound by the principle.
Mahboob Sahab v. Syed Ismail (1995) illustrates this, where the Supreme Court of India allowed the plaintiff to challenge a transaction despite having accepted benefits due to mistaken belief. This demonstrates that the principle must be applied cautiously to avoid injustice.
Conclusion:
The principle of approbation and reprobation is a fundamental aspect of legal
equity. It maintains fairness, consistency, and integrity in legal proceedings
by holding parties to their initial positions once they have accepted benefits
under a given legal instrument. While exceptions exist, the primary goal is to
prevent manipulation and ensure justice in all legal dealings through various
case laws, and courts have reinforced this principle, emphasizing its importance
in maintaining judicial and administrative coherence.
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