Estopping definitions
| Word backwards | gnippotse |
|---|---|
| Part of speech | Estopping is a verb. |
| Syllabic division | es-stop-ping |
| Plural | The plural of the word "estopping" is "estoppings." |
| Total letters | 9 |
| Vogais (3) | e,o,i |
| Consonants (5) | s,t,p,n,g |
Estoppel is a legal concept that prevents someone from asserting a right they would ordinarily have because they have acted in a way that is inconsistent with that right. This principle is often used when someone makes a representation or promise to another party and the other party relies on that representation or promise to their detriment.
The Types of Estoppel
There are several types of estoppel, including promissory estoppel, equitable estoppel, and proprietary estoppel. Promissory estoppel occurs when one party makes a promise to another party who relies on that promise to their detriment. Equitable estoppel, on the other hand, prevents someone from taking unfair advantage of another party. Proprietary estoppel arises when one party relies on the assurance of another party to their detriment.
Elements of Estoppel
For estoppel to apply, certain elements must be present. First, there must be a representation or promise made by one party to another. Second, the other party must rely on that representation or promise to their detriment. Finally, it must be unfair or unjust for the party making the representation to go back on their word.
Application of Estoppel
Estoppel is commonly used in contract law to prevent parties from denying the existence of a contract. For example, if one party leads another to believe that a contract exists between them, and the other party relies on that belief to their detriment, the first party may be estopped from denying the existence of the contract.
Overall, estoppel is a vital legal principle that aims to prevent injustice and unfairness in contractual and other legal relationships. By holding parties accountable for their words and actions, estoppel helps maintain integrity and fairness in the legal system.
Estopping Examples
- The plaintiff tried to claim ownership of the property, but the defendant successfully argued that the plaintiff was estopped from doing so.
- The company's actions may have inadvertently led to estopping certain employees from seeking legal recourse.
- The court ruled that the landlord was estopped from evicting the tenant due to a breach of contract.
- By accepting the benefits of a transaction, the party may be estopped from later claiming any deficiencies in the agreement.
- The employee's repeated misconduct could result in them being estopped from receiving any further promotions.
- The government agency was estopped from reversing its decision after the affected parties had already acted upon the initial ruling.
- The attorney argued that the opposing counsel should be estopped from introducing new evidence at such a late stage in the trial.
- The insurance company cited a clause in the policy that would estop the policyholder from making certain claims.
- The judge noted that the plaintiff's behavior had effectively estopped them from seeking damages for emotional distress.
- His behavior was so egregious that it estopped him from being considered for a leadership position within the organization.