estoppel Hear it!

estoppel Definition

es·top·pel (e stäp′əl)

noun

the barring of a person, in a legal proceeding, from making allegations or denials which are contrary to either a previous statement or act by that person or a previous adjudication

Etymology: OFr estoupail, stopper, bung < estoper: see estop

estoppel Law Definition

n

A doctrine that holds, under certain circumstances, that a claim or assertion cannot be made if it contravenes a prior claim or assertion of the same party, or if it contradicts the factual holding of a court whose decision is not directly binding on the parties.
collateral estoppel
Estoppel created by the findings of another court upon the same facts, even though the other proceeding did not involve all of the same parties or was otherwise not directly binding on the current court.
equitable estoppel
At equity, the doctrine that a party who has caused another harm in reliance on the party’s promise or statement, may be barred from taking certain actions to escape liability for such harm.
estoppel by silence
An estoppel created by the failure to speak of a party who had an obligation to do so.
promissory estoppel
A doctrine that prevents a party from pleading lack of consideration as an affirmative defense, if that party made a statement upon which the other party foreseeably relied to his or her detriment.
estoppel Usage Examples

Adjective modifier

  • promissory: In the even newer model, tricky points of law, interpretation of contracts, promissory estoppel were pinged at the odd QS adjudicator.
  • proprietary: Thirdly, any right arising from a proprietary estoppel could not exceed the extent of Mr Carrick's representation.
  • equitable: The purpose of equitable estoppel is to prevent the unconscionable exercise of legal rights.

Modifies a noun

  • claim: The better view ( Battersby 1991 ) is that licenses are personal rights even when awarded by a court following a proprietary estoppel claim.
  • case: In contrast, the belief involved in proprietary estoppel cases can be in any right in or over property.
  • reasoning: If the estate contract had been unenforceable, the estoppel reasoning in Carrick would also not have applied.
  • principle: The Court of Appeal held that his claim was subject to issue estoppel principles.
  • equity: The estoppel equity would also resemble the right to have a conveyance set aside for fraud.
  • license: Battersby, G ( 1991 ) ' Contractual and estoppel licenses as proprietary interests in land ' [ 1991 ] Conveyancer 36.

Noun used with modifier

  • issue: The Claimants said that there was no final issue estoppel or " res judicata " arising out of an adjudication decision.

Browse dictionary entries near estoppel

  1. ‹ estop
  2. ‹ Estonian
  3. ‹ Estonia
  4. ‹ estivation
  5. ‹ estivate
  6. ‹ estival
  7. ‹ estimation
  8. ‹ estimating
  9. ‹ estimated
  10. ‹ estimate
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