Estoppel

Estoppel in the United States

Estoppel Definition

The preclusion of a person from asserting a fact by previous conduct, inconsistent therewith, on his own part, or the part of those under whom he claims, or by a solemn establishment, which he cannot be allowed to call in question. A preclusion, in law, which prevents a man from alleging or denying a fact, in consequence of his own previous act, allegation, or denial of a contrary tenor. Steph. PI. 239. Estoppe cometh of the French word estoupe, from whence the English word ‘stopped,’ and it is called an ‘estoppel’ or ‘conclusion’ because a man’s own act or acceptance stoppeth his mouth to allege or plead the truth. Co. Litt. 352a. Estoppel is either by record, by deed, or by facts in pais.
(1) Estoppel by record is the preclusion of one to deny that which either appears by the roll of a legislature, or has been adjudicated by a court of competent jurisdiction. See Former Adjudication.
(2) Estoppel by deed is the preclusion of one to deny that which he has asserted by an agreement or conveyance under seal. …
(3) Estoppel by facts in pais, commonly called estoppel in pais, is the preclusion of one to deny that which, by his conduct, he may have induced another to believe and act on to his prejudice. 129 111. 657; 60 Minn. 331; 22 N. J. Law, 619; 46 Ohio St. 255. In the early common law, estoppel in pais was practically unrecognized (27 Conn. 282), the present doctrine being of equitable creation. (This definition of Estoppel is based on The Cyclopedic Law Dictionary.)

Practical Information

A barrier raised by law preventing a person from taking a position, denying a fact, or asserting a fact, in court, inconsistent with his or her previous conduct or statements. Example: A sells B a house that A does not own, giving B a covenant and warranty deed in which A warrants that he has title to the house. Later, A obtains title from the actual owner and attempts to eject B on the ground that A is now the true owner and B is not. A would be estoppel from disputing what he formerly warranted, namely, that he was the true owner when he sold the house. In real estate an estoppel certificate is the legal instrument commonly used when a mortgage is assigned. It shows the unpaid principal and interest due on a mortgage (in U.S. law). It is executed by a mortgagee or holder of a lien (in U.S. law) and bars the signer from making a claim inconsistent with the instrument. (Revised by Ann De Vries, 1982)

For a meaning of it, read Estoppel in the Legal Dictionary here.

In Patent Damages Law: Limitations on Damages

Note: for more information on patent damages law, click here.

This covers:

  • burden of proof
  • equity
  • material prejudice
  • misleading conduct
  • reliance by accused infringer
  • standard of review

Estoppel in Foreign Legal Encyclopedias

For starting research in the law of a foreign country:

Link Description
Estoppel Estoppel in the World Legal Encyclopedia.
Estoppel Estoppel in the European Legal Encyclopedia.
Estoppel Estoppel in the Asian Legal Encyclopedia.
Estoppel Estoppel in the UK Legal Encyclopedia.
Estoppel Estoppel in the Australian Legal Encyclopedia.

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Meaning of Estoppel

In plain or simple terms, Estoppel means: A person’s own act. or acceptance of facts. which preclude later claims to the contrary.

Proof of Defense of Entrapment by Estoppel

This section discusses generally the subject of Proof of Defense of Entrapment by Estoppel, how to determine the facts essential to Proof of Defense of Entrapment by Estoppel, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Estoppel (Effect of Judgments)

This section introduces, discusses and describes the basics of estoppel. Then, cross references and a brief overview about Effect of Judgments is provided. Finally, the subject of Judgments in relation with estoppel is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Estoppel (Preclusion of Judgments)

This section introduces, discusses and describes the basics of estoppel. Then, cross references and a brief overview about Preclusion of Judgments is provided. Finally, the subject of Judgments in relation with estoppel is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

Further Reading

Estoppel: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Estoppel. This part provides references, in relation to Estoppel, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Estoppel by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Estoppel and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Estoppel or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Estoppel and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Estoppel. Finding these decisions can be challenging. In many cases, researchers about Estoppel should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Estoppel when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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