Origin Medieval England; formalized as a principle of the courts of equity and given its classic articulation by Sir Edward Coke.
Estoppel is an equitable doctrine that prevents a party from asserting a claim or right that contradicts what it has previously said or done, or what has been legally established as true. It originated in the English courts of equity as a device to stop a party from profiting by its own inconsistency, and today underlies related doctrines such as promissory and proprietary estoppel across the common law world. Civil law jurisdictions have no direct equivalent, but reach comparable results through a general coherence principle. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/
Facts
Origin PeriodMedieval England; formalized as a principle of the courts of equity and given its classic articulation by Sir Edward Coke. 1 Core PrincipleA promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee, and which does induce such action or forbearance, is binding if injustice can be avoided only by enforcement of the promise (Restatement of Contracts, 1932). 1 Origin Period
Origin Period (category) Classification
Doctrine Category FAQs
Where does the word "estoppel" come from?
From Anglo-Norman estop ("to seal up") and Old French estoupail ("stopper").
The word comes from Anglo-Norman and Old French. "Estop" is a verb of Anglo-Norman origin meaning "to seal up," and the noun "estoppel" is based on the Old French word estoupail, meaning stopper. The image behind the word is of a party's mouth being sealed shut, barred from making an assertion that contradicts what it has already said or done.
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Associated With
Source Res Judicata (Cornell LII Wex)
Formulated By
Source Estoppel (Wikipedia)
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In Legal System
Source Estoppel (Wikipedia)
Sources
1. Estoppel (Wikipedia)
WikipediaDefinition and Jurisdictional Differences sections
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped".
United States section
A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise.
Etymology and usage section
"Estop" is a verb of Anglo-Norman origin meaning "to seal up", while the noun "estoppel" is based on Old French estoupail (stopper).
- In Legal System: Common Law, Jurisdictional Differences section
In Group: Preclusion and Finality Doctrines, Introduction, sentence 1
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word.
View the Source 2. Wikipedia: Estoppel
a judicial device whereby a court may prevent a person from making assertions or from going back on their wordView the Source Res Judicata (Cornell LII Wex)
Cornell Law School Legal Information InstituteAssociated With: Res Judicata, Important Note section (distinguishing claim preclusion from issue preclusion)View the Source Reader Challenges (0)
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