The Law of Evidence - Page 596

LAW OF EVIDENCE 575

II. Second Element in the rule of Estoppel the intention that the Plaintiff should act upon the faith of the statement.

It is not necessary that the party making the representation must have been under no mistake himself.

It is not necessary that the party making the representation must have acted with the intention to milead or to deceive.

19 I. A. 203.

But it is necessary that the party making the representation must have the intention that the Plaintiff should act upon the faith of the representation.

How to prove intention ?

Intention is used in two different senses :

(1) It is used to indicate as a presumption of law. A man is presumed to intend the natural or necessary consequences of his act.

(2) Intention is used to indicate a specific existing state of mind in a person.

This specific state of mind must be proved as a fact like any other fact and cannot be presumed.

Illus.—

(1) Section 225, I. P. C. whoever intentionally offers.

(2) Section 124, I. P. C whoever with the intention.

Intention here is used as a presumption of law and is not used in the second sense.

It is not therefore necessary to prove intention that the party should act as a specific fact.

If a reasonable man would take the representation to be true, and believe it was meant that he should act on it, the requirement as to intention would be satisfied.

19 I. A. 203 (219).