Representation, estoppel by, is a legal principle that bars individuals from making contradictory claims or denying previously stated facts. It also prohibits the reexamination of issues and can serve as a defence by asserting reliance on a misleading representation in good faith. Estoppel encompasses various forms, including equitable estoppel, estoppel by deed, and promissory estoppel. This doctrine is adaptable and applicable in diverse scenarios, such as patents and contracts.
Estoppel by representation is a legal principle that prohibits individuals from contradicting their previous statements or actions, or established truths in law. It also prevents the re-litigation of certain issues. There are various types of estoppel, including equitable estoppel, estoppel by deed, and promissory estoppel. Equitable estoppel prevents unfair advantage by inducing someone to act based on false language or conduct. For instance, if a landlord promises to fix a leaky roof but fails to do so, the tenant may claim equitable estoppel if they relied on the promise and suffered harm. Estoppel by deed prevents a party from denying anything stated in a deed if they induced another person to accept or act based on that deed. For example, if a property seller signs a warranty deed stating they have title to the property, they cannot later deny having title at the time of transfer. Promissory estoppel allows the enforcement of a promise made without consideration if the promisor should have reasonably expected the promisee to rely on it, and if the promisee actually suffered harm due to reliance on the promise. For instance, if an employer promises an employee a bonus for meeting performance goals, the employee may claim promissory estoppel if they met the goals but did not receive the bonus. These examples demonstrate how estoppel prevents individuals from reneging on their commitments or taking advantage of another person’s reliance on their words or actions.
Estoppel by representation is a legal principle that prevents a person from asserting something contrary to what they previously represented as true.
In contract law, estoppel by representation can prevent a party from denying the truth of a statement they made if the other party relied on that statement to their detriment.
The elements of estoppel by representation typically include a false representation or conduct, reliance on the representation, and a detriment suffered as a result of the reliance.
Yes, estoppel by representation can be used as a defence in a lawsuit if the other party’s actions or representations led to a reasonable belief that a certain fact was true, and the party asserting estoppel relied on that belief to their detriment.
Estoppel by representation involves a false statement or conduct, while promissory estoppel involves a promise that the promisor should reasonably expect to induce action or forbearance on the part of the promisee.
Estoppel by representation is primarily a civil law concept and is not commonly applied in criminal cases.
In property law, estoppel by representation can prevent a property owner from denying the truth of a representation they made regarding the ownership or rights to the property.
Estoppel by representation can be waived if the party entitled to rely on the representation expressly agrees to waive their right to rely on it.
The statute of limitations for asserting estoppel by representation can vary depending on the jurisdiction and the specific circumstances of the case.
To prove estoppel by representation, you would need to provide evidence of the false representation or conduct, the reliance on that representation, and the detriment suffered as a result of the reliance. This could 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: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/representation-estoppel-by/
- Modern Language Association (MLA):Representation, Estoppel By. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/representation-estoppel-by/.
- Chicago Manual of Style (CMS):Representation, Estoppel By. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/representation-estoppel-by/ (accessed: May 09 2024).
- American Psychological Association (APA):Representation, Estoppel By. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/representation-estoppel-by/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts