Define: Estop

Estop is a legal doctrine that prevents a person from asserting a claim or right that contradicts their previous actions or statements.

When a person makes a representation or promise to another party, and that party relies on it to their detriment, the person making the representation is estopped from denying or contradicting it.

There are three main types of estoppel: promissory estoppel, equitable estoppel, and proprietary estoppel. Each type has its own specific requirements and applications.

Promissory estoppel occurs when a promise is made, and the promisee relies on it to their detriment. The promisor is then prevented from going back on their promise.

Equitable estoppel arises when a party’s conduct leads another party to reasonably believe in certain facts or rights, and the first party is then prevented from denying those facts or rights.

Proprietary estoppel is a type of estoppel that arises when a person is given an assurance or expectation of acquiring an interest in land, and they rely on it to their detriment. The person making the assurance is then estopped from denying the interest.

The purpose of estoppel is to prevent unfairness and injustice by holding parties accountable for their previous actions or statements. It promotes reliance and protects those who have reasonably relied on the representations of others.

To establish estoppel, certain elements must be present, including a representation or promise, reliance on that representation, and detriment suffered as a result of the reliance.

Yes, estoppel can be used as a defence in a legal dispute. If one party has made a representation or promise, and the other party has reasonably relied on it to their detriment, the party making the representation may be estopped from denying it.

Estoppel can be waived or overridden if the party who would otherwise be estopped expressly states that they are not relying on their previous representation or promise. However, such waivers or overrides must be clear and unequivocal to be effective.