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Estoppel
Equity

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Legal Definitions

 

Term: estoppel

1.

An estoppel is a legal principle to prevent or bar some action by party. Essentially there are two statements that present a contradiction and result is that the earlier is taken as the truth. Therefore, estoppel precludes a person from asserting something contrary to what is implied by his or her previous action or statement or by a previous judicial determination concerning that person.

There are a number of forms of estoppel in English law and they include Estoppel by Representation, Promissory Estoppel and estoppel by convention. In respect to res judicata, there are various forms: estoppel by judgment, estoppel per rem judicatam, and estoppel by merger.

Usage: The claim that the defendant that the claimant would not enforce the contract amounted to an estoppel by the claimant, as the defendant had relied on the statement and changed their position.

Related Words: proprietary estoppel; contract; res judicata; promissory estoppel; autrefois convict; autrefois acquit.


 

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