Estoppel

Estoppel is a legal principle that prevents a party from arguing something contrary to a claim made or implied by their previous words or actions. It is a doctrine that ensures fairness and consistency in legal proceedings by prohibiting parties from taking contradictory positions.

Types of Estoppel

There are several types of estoppel, each with its own specific application and requirements:

Promissory Estoppel

Promissory estoppel occurs when one party makes a promise to another, and the second party relies on that promise to their detriment. The promisor is then prevented from going back on their word, even if the original promise was not supported by consideration.

Equitable Estoppel

Equitable estoppel prevents a party from taking a legal position that is contrary to their previous actions or statements if it would harm another party who relied on the original position. This type of estoppel is often used to prevent unfair outcomes in legal disputes.

Collateral Estoppel

Collateral estoppel, also known as issue preclusion, prevents the re-litigation of an issue that has already been resolved in a previous case involving the same parties. This doctrine ensures that once a court has decided an issue, it cannot be contested again in future litigation.

Estoppel by Deed

Estoppel by deed occurs when a party is prevented from denying the truth of a deed they have executed. This type of estoppel is commonly used in property law to prevent parties from disputing the validity of a deed they have signed.

Estoppel by Record

Estoppel by record prevents a party from disputing the facts or issues that have been conclusively determined by a court judgment or other official record. This type of estoppel ensures the finality and reliability of judicial decisions.

Related Legal Concepts

• Res judicata
• Waiver
• Laches (equity)
• Acquiescence

See Also

• Contract law
• Tort law
• Property law
• Equity (law)
• Judicial estoppel