Estoppel in pais refers to a legal principle that prevents a person from denying or asserting something contrary to what they have previously stated or done, if it would result in injustice or harm to another party. It is based on the concept of fairness and preventing someone from taking advantage of their own previous actions or statements.
Estoppel in pais, also known as equitable estoppel, is a legal doctrine that prevents a party from asserting a right or claim that is contrary to their previous actions or representations.
Estoppel in pais is based on the party’s conduct or statements, while estoppel by deed is based on a party’s written or executed document, such as a deed or contract.
To establish estoppel in pais, the following elements must be proven: (1) a false representation or conduct by one party, (2) reliance on that representation or conduct by another party, and (3) a change in position or detriment suffered by the relying party as a result of their reliance.
Yes, estoppel in pais can be used as a defence to prevent a party from asserting a right or claim that is inconsistent with their previous conduct or representations.
Yes, estoppel in pais can be used to enforce a promise or agreement if the relying party has suffered a detriment or change in position based on their reasonable reliance on the promise or agreement.
Estoppel in pais is primarily a civil doctrine, but in some limited circumstances, it may be applied in criminal cases if the elements of estoppel are met and it is necessary to prevent a manifest injustice.
Yes, estoppel in pais can be used against a government agency if the agency’s actions or representations have induced reliance by a party, and it would be unfair or unjust to allow the agency to assert a right or claim inconsistent with those actions or representations.
Estoppel in pais can be waived or revoked if the party who would otherwise be estopped clearly and unequivocally communicates their intention to no longer be bound by their previous conduct or representations.
Estoppel in pais generally cannot be used to prevent the enforcement of a statute or regulation, as public policy considerations may limit its application in such cases.
Estoppel in pais cannot create a new legal right, but it can prevent a party from asserting a right or claim that is inconsistent with their previous conduct or representations.
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: 13th April 2024.
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