Estoppel

calender iconUpdated on April 04, 2024
economy
government and policy

Estoppel is a legal principle that prohibits a person from making a statement that contradicts a previous statement made in a previous court case or transaction.

Elements of Estoppel:

  • Prior statement: The person must have made a prior statement that is contradicted by the current statement.
  • Contradictory statement: The current statement must contradict the prior statement.
  • Knowledge: The person must have knowledge of the prior statement at the time of making the contradictory statement.
  • Intent to deceive: The person must have intended to deceive the other party by making the contradictory statement.

Types of Estoppel:

  • Express estoppel: Occurs when a party explicitly states something that contradicts a prior statement.
  • Implied estoppel: Occurs when a party acts in a way that is inconsistent with a prior statement, even though they have not explicitly stated it.
  • Constructive estoppel: Occurs when a party is put on notice of a prior statement and fails to act in accordance with it.

Examples:

  • A plaintiff testified in a previous case that the defendant was not negligent.
  • In a subsequent case, the plaintiff makes a statement that contradicts the prior testimony.
  • The defendant can use estoppel to argue that the plaintiff is estopped from making the new statement.

Purpose of Estoppel:

  • To prevent inconsistency and fraud.
  • To protect the integrity of judicial proceedings and transactions.
  • To prevent parties from changing their positions based on their own convenience.

Additional Notes:

  • Estoppel is a general legal principle, and the specific rules may vary depending on jurisdiction.
  • There are exceptions to the rule of estoppel, such as statements made in good faith or where there has been a significant change in circumstances.
  • Estoppel can be a complex legal concept, and it is important to seek legal advice if you have any questions or concerns.

FAQ's

What is the meaning of estoppel?

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Estoppel is a legal principle that prevents a person from arguing something contrary to a claim they previously made or an action they took if it would harm another party who relied on the original statement or action.

What is an example of estoppel?

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What is estoppel in Indian law?

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What is an estoppel statement?

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