Legal estoppel is a rule that prohibits individuals from making contradictory claims or denying established facts based on their previous statements or actions. It also prevents individuals from re-litigating a particular issue. There are various types of estoppel, including equitable estoppel, which prevents unfair advantage-taking, and promissory estoppel, which enforces promises even without consideration. Estoppel can arise from deeds, records, misrepresentations, or even silence.
Legal estoppel is a legal principle that bars individuals from making claims or assertions that contradict their previous statements, actions, or established truths. It also prohibits the re-litigation of issues. For instance, if someone signs a contract agreeing not to sue a company under any circumstances, they are legally prevented from later filing a lawsuit against that company. Similarly, if a person makes a false statement that leads another person to believe something and that person reasonably relies on that belief to their detriment, the person who made the false statement cannot later deny it. Legal estoppel can be invoked as an affirmative defence, claiming that the individual relied in good faith on a misleading representation and suffered harm or a detrimental change in their position as a result. In summary, legal estoppel serves as a defence mechanism in specific situations, ensuring individuals cannot contradict themselves or established facts.
Legal estoppel is a legal doctrine that prevents a person from asserting a claim or defence that is inconsistent with a previous position they have taken in a legal proceeding.
Legal estoppel works by preventing a party from taking a position in a legal proceeding that contradicts a position they have previously taken in the same or a related matter.
To apply legal estoppel, there must be a clear and unequivocal position taken by the party, the position must have been adopted in a legal proceeding, and the opposing party must have relied on the position to their detriment.
Legal estoppel can be used in various types of legal cases, including civil, criminal, and administrative proceedings.
Legal estoppel generally does not apply if the party made a mistake or had a change of heart, as it requires a deliberate and inconsistent position taken in a legal proceeding.
Yes, legal estoppel can be used as a defence by a party who is being sued or facing legal action. It can prevent the opposing party from asserting a claim that contradicts their previous position.
Legal estoppel can be waived if the party who took the inconsistent position can show that they did not intend to mislead or that the opposing party did not rely on their position. It can also be overcome if there are exceptional circumstances or if it would result in a manifest injustice.
Legal estoppel is a broader term that encompasses various types of estoppel, including judicial estoppel. Judicial estoppel specifically refers to the doctrine that prevents a party from taking a position in a legal proceeding that contradicts a position they have taken in a previous legal proceeding.
Legal estoppel generally applies to parties in a legal proceeding, not witnesses. However, if a witness takes an inconsistent position in different legal proceedings, it may affect their credibility.
Legal estoppel can be applied in international legal disputes if the relevant jurisdiction recognizes and applies the doctrine. However, its application may vary depending on the specific laws and regulations of each country or jurisdiction involved.
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: 17th April 2024.
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