Estoppel

Estoppel

Estoppel is a legal principle that prohibits a person from making a statement that contradicts a previous statement made in a previous court case or transaction.

Elements of Estoppel:

• Prior statement: The person must have made a prior statement that is contradicted by the current statement.
• Contradictory statement: The current statement must contradict the prior statement.
• Knowledge: The person must have knowledge of the prior statement at the time of making the contradictory statement.
• Intent to deceive: The person must have intended to deceive the other party by making the contradictory statement.

Types of Estoppel:

• Express estoppel: Occurs when a party explicitly states something that contradicts a prior statement.
• Implied estoppel: Occurs when a party acts in a way that is inconsistent with a prior statement, even though they have not explicitly stated it.
• Constructive estoppel: Occurs when a party is put on notice of a prior statement and fails to act in accordance with it.

Examples:

• A plaintiff testified in a previous case that the defendant was not negligent.
• In a subsequent case, the plaintiff makes a statement that contradicts the prior testimony.
• The defendant can use estoppel to argue that the plaintiff is estopped from making the new statement.

Purpose of Estoppel:

• To prevent inconsistency and fraud.
• To protect the integrity of judicial proceedings and transactions.
• To prevent parties from changing their positions based on their own convenience.

Additional Notes:

• Estoppel is a general legal principle, and the specific rules may vary depending on jurisdiction.
• There are exceptions to the rule of estoppel, such as statements made in good faith or where there has been a significant change in circumstances.
• Estoppel can be a complex legal concept, and it is important to seek legal advice if you have any questions or concerns.