Equitable estoppel implies a licence that allows someone to do something that would typically be illegal, based on the actions or behaviour of the property owner. This type of licence is not explicitly agreed upon, but is instead inferred from the circumstances. For instance, if a property owner initially allows someone to use their land for a specific purpose and then later tries to revoke that permission, the person may argue that they have an implied licence by equitable estoppel to continue using the land.
An implied licence by equitable estoppel refers to a form of permission, typically revocable, that arises from a property owner’s actions regarding another individual’s use of the property, even without the owner explicitly consenting to such use. This type of licence is based on the principle of equitable estoppel, which prohibits a person from contradicting or denying something they previously allowed or represented. For instance, if a property owner permits their neighbour to utilise a portion of their land for gardening purposes without objection for an extended period, the neighbour may possess an implied licence by equitable estoppel to continue using the land for that specific purpose. If the property owner suddenly withdraws the licence and attempts to prevent the neighbour from using the land, the neighbour may argue that they relied on the property owner’s actions and representations, and therefore, the property owner is barred from denying the licence. Another example can be found in patent law, where if a patent owner encourages the production of infringing products, they may be prevented from subsequently asserting their patent rights against the manufacturer, and the manufacturer may acquire an implied licence by equitable estoppel to use the patent.
An implied license by equitable estoppel is a legal concept that arises when a party’s conduct leads another party to reasonably believe that they have permission to use a certain property or intellectual property.
An implied license by equitable estoppel is created when the owner of the property or intellectual property engages in conduct that leads another party to believe they have permission to use it, and the owner does not take action to correct this belief.
The elements of an implied license by equitable estoppel typically include the conduct of the owner, the reliance of the other party, and the detriment suffered by the other party if the license is revoked.
An implied license by equitable estoppel can be revoked if the owner takes action to correct the mistaken belief of the other party and the other party has not suffered any detriment as a result of their reliance on the implied license.
An implied license is created through the conduct of the owner and the reliance of the other party, while an express license is created through a written or verbal agreement between the parties.
To protect yourself from being subject to an implied license by equitable estoppel, it is important to clearly communicate your ownership rights and not engage in conduct that could lead others to believe they have permission to use your property or intellectual property.
Examples of conduct that could create an implied license by equitable estoppel include allowing someone to use your property without objection, sharing intellectual property without restrictions, or accepting payment for the use of your property without clarifying the terms of the agreement.
Yes, an implied license by equitable estoppel can be used as a defence in a legal dispute if the other party reasonably believed they had permission to use the property or intellectual property and suffered detriment as a result of their reliance on the implied license.
If you believe someone is infringing on your rights through an implied license by equitable estoppel, it is important to seek legal advice to understand your options for enforcing your rights and potentially revoking the implied license.
To prove the existence of an implied license by equitable estoppel, you will need to provide evidence of the owner’s conduct, the other party’s reliance, and any detriment suffered as a result of the reliance on the implied license. This may include documentation, witness testimony, and other relevant evidence.
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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