Doctrines
Estoppel
Also Known As Equitable Estoppel
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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.
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 Cross-Tradition Connections
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Sources
1. Estoppel (Wikipedia)
WikipediaDefinition and Jurisdictional Differences sectionsQuote, Definition 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".
1. Estoppel (Wikipedia)
WikipediaUnited States sectionQuote, 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.
1. Estoppel (Wikipedia)
WikipediaEtymology and usage sectionQuote, 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).
1. Estoppel (Wikipedia)
WikipediaIn Legal System: Common Law, Jurisdictional Differences sectionView 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 open reader challenges)
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