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← 113 Vt. 322 - Mancini v. Thomas

Mancini v. Thomas’s Empirical Analysis

1943

Citation profile

8
cited by 8 later decisions
2
states following
October 1996
most recently cited

2 federal appellate · 1 district · 5 state decisions

How this case has been cited

Cited by 8 later decisions — most recently October 1996

2 federal appellate · 1 district · 5 state decisions

30194319501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““Waiver” and “estoppel,” as applied to contracts of insurance, are terms which are interchangeably used, and in each case the meaning and result are the same. Pellon v. Connecticut General Life Ins. Co., 105 Vt. 508 , 168 A. 701 (decided at the October, 1933 Term of this Court). Yet they are in their elements essentially different. “A waiver involves the act or conduct of one of the parties to the contract, only. An estoppel involves the act or conduct of both parties to the contract * * *. A waiver is the intentional relinquishment of a known right * * *. It involves both knowledge and intent. An estoppel may arise where there is no intent to mislead. A waiver does not necessarily imply that one has been misled to his prejudice or into an altered position * * *. An estoppel always involves this element. A waiver may amount to an estoppel, but not necessarily so.””
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.