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:

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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

• Information about Estoppel in the Gale Encyclopedia of American Law.