A plea refers to the statement made by an individual accused of a crime, indicating whether they are guilty or not guilty. Alternatively, they may choose to state that they do not contest or admit guilt. A plea in estoppel occurs when an individual is unable to change their statement because they have already made a conflicting statement in the past. There are various types of pleas, such as a guilty plea or a no-contest plea. A plea bargain occurs when the accused and the prosecutor reach an agreement regarding the plea. In a civil case, a plea is the response provided by an individual to address a claim made against them. Occasionally, a plea may be utilised to delay or undermine a case, but it does not challenge the main issue at hand.
A plea in estoppel is a legal defence that bars a person from contradicting their previous statement or action. This defence is invoked when someone has relied on the person’s prior statement or action and would suffer harm if the person were allowed to contradict it. For instance, if a landlord informs a tenant that they can keep a pet in their apartment and the tenant signs a lease based on that statement, the landlord cannot subsequently evict the tenant for having a pet. The landlord is estopped from denying the tenant’s right to have a pet because the tenant relied on the landlord’s statement. Another example is when a person signs a contract agreeing to pay for a service and then later attempts to disavow their agreement to pay. The person is estopped from denying the agreement because the other party relied on their promise to pay.
A plea in estoppel is a legal doctrine that prevents a party from asserting a claim or defence that is inconsistent with a previous position they have taken in the same or related legal proceedings.
A plea in estoppel can be used when a party has made a clear and unequivocal representation of fact or law, the other party has relied on that representation, and it would be unfair or unjust to allow the party making the representation to go back on it.
The purpose of a plea in estoppel is to promote fairness and prevent parties from taking inconsistent positions in legal proceedings. It ensures that parties are held accountable for their previous statements or actions.
Yes, a plea in estoppel can be used in criminal cases. If a defendant has made a previous statement or taken a previous position that is inconsistent with their current defence, the prosecution may argue that the defendant should be estopped from asserting the new defence.
A plea in estoppel focuses on preventing a party from taking inconsistent positions, while a plea of res judicata prevents the same parties from relitigating the same issues that have already been finally determined by a court.
Yes, a plea in estoppel can be used against the government. If a government agency or official has made a representation or promise that induces reliance, individuals or other parties may be able to rely on the doctrine of estoppel to hold the government accountable.
To establish a plea in estoppel, the following elements must generally be proven: a clear and unequivocal representation or promise, reliance on that representation, and unfairness or injustice if the party making the representation is allowed to go back on it.
Yes, a plea in estoppel can be used to prevent a party from asserting their legal rights if they have made a previous representation or taken a previous position that is inconsistent with their current claim or defence.
Yes, a plea in estoppel can be used as a defence. If a party has relied on a previous representation made by the opposing party, they may argue that the opposing party should be estopped from asserting a different position.
Yes, a plea in estoppel can be used in contract disputes. If one party has made a representation or promise that induces the other party to rely on it, the doctrine of estoppel may prevent the party making the representation from going back on it.
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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