Estoppage occurs when an individual is hindered from carrying out a task due to a prior action or statement they made. It is similar to reneging on a promise, but the individual is unable to do so because they have already made a commitment. Estoppage serves as a means to ensure that individuals uphold their word and do not backtrack on their promises.
Estoppage, also known as being estopped, occurs when someone is prevented from denying or asserting something due to their previous actions or words. For instance, if a person makes a promise to another person and that person relies on it to their detriment, the promisor may be estopped from breaking their promise. Estoppage is a legal term commonly used in contract law to describe such situations.
Estoppel is a legal principle that prevents a person from asserting a claim or right that contradicts their previous actions or statements.
Estoppel works by preventing a party from denying or asserting something that is contrary to their previous conduct, representations, or statements.
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 is a type of estoppel that arises when one party makes a promise to another party, who relies on that promise to their detriment. The promisor may be prevented from going back on their promise.
Equitable estoppel is a type of estoppel that arises when one party induces another party to rely on their conduct or representations, and it would be unfair or unjust to allow the first party to go back on their word.
Proprietary estoppel is a type of estoppel that arises when a person is given an assurance or expectation of acquiring an interest in someone else’s property, and they rely on that assurance to their detriment.
The elements of estoppel typically include a representation or conduct by one party, reliance on that representation or conduct by another party, and a detriment suffered by the party who relied on the representation or conduct.
Yes, estoppel can be used as a defence in legal proceedings. If a party has relied on the conduct or representations of another party, and it would be unfair or unjust to allow the first party to go back on their word, estoppel may prevent the first party from asserting their claim.
Yes, estoppel can be used to enforce a promise. If one party makes a promise to another party, who relies on that promise to their detriment, estoppel may prevent the promisor from going back on their promise.
Estoppel can be waived if the party who would otherwise be estopped expressly or impliedly waives their right to rely on estoppel. However, the waiver must be clear and unequivocal to be effective.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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