Approbate And Reprobate - Definition - Law Dictionary Home Dictionary Definition approbate-and-reprobate

Definition :

Approbate and reprobate, the doctrine of 'approbate and reprobate' is only a species of estoppel; it applies only to the conduct of parties. As in the case of estoppel it cannot operate against the provisions of a statute, CIT v. V. MR. P. Firm Muar, AIR 1965 SC 1216 (1221): (1965) 1 SCR 815. (Evidence Act, 1872, s. 115) See also AIR 1956 593 (602).

--A person is said to approbate and reprobate where he takes advantage of one part of a document and rejects the rest, Scots Law. The maxim runs, Qui approbat non reprobat: One who approbates cannot reprobate. The doctrine is the same as the English law of election, Douglas-Menzies v. Umphelby, 1908 AC 224. See ELECTION.