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.
FAQs
What is the meaning of estoppel?
Estoppel is a legal principle that prevents a person from arguing something contrary to a claim they previously made or an action they took if it would harm another party who relied on the original statement or action.
What is an example of estoppel?
An example of estoppel would be if a landlord tells a tenant they can pay rent late without consequences, but later tries to evict them for that same late payment. The landlord would be estopped from evicting because the tenant relied on their earlier statement.
What is estoppel in Indian law?
In Indian law, estoppel is governed by Sections 115 to 117 of the Indian Evidence Act, 1872. It prevents a person from denying or contradicting a previous statement or action if another party has relied on it and would suffer harm if the truth were changed.
What is an estoppel statement?
An estoppel statement is a signed document where a person confirms facts about a transaction or relationship, often used in real estate, to prevent future disputes. For example, tenants might sign an estoppel certificate to confirm lease terms.
