All the following statements concerning waiver and estoppel are correct EXCEPT:

• A. Unlike waiver, which ordinarily is treated as nonconsensual, estoppel typically involves the voluntary and intentional giving up of a known right.
• B. The purpose of the concept of estoppel is to redress a wrong and to prevent inequitable treatment of one party to a contract by the other.
• C. There are two broad types of estoppels: equitable estoppel and promissory estoppel.
• D. Some courts treat waiver as synonymous or interchangeable with estoppel.

Answer: (A)

Understanding how waiver and estoppel operate helps explain why this item is the exception. Waiver is the voluntary relinquishment of a known right; it’s about someone choosing to give up a claim or a privilege. Estoppel, on the other hand, prevents a party from going back on a position if another party has relied on that position and would be harmed by a reversal. It doesn’t rest on a deliberate surrender of a right by the party who is stopped from asserting it; rather, it focuses on preventing inconsistency or unfair surprise in light of conduct, representations, or reliance.

The statement says that waiver is ordinary nonconsensual and that estoppel involves voluntary and intentional giving up of a known right. That misstates estoppel, which does not require the voluntary relinquishment of a right. The other statements align with common-law understanding: estoppel serves to redress unfair treatment caused by reliance, there are two broad estoppel categories (equitable and promissory), and some courts do treat waiver and estoppel as interchangeable in certain contexts.