estoppel

estoppel
es·top·pel /e-'stä-pəl/ n [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop]
1: a bar to the use of contradictory words or acts in asserting a claim or right against another; esp: equitable estoppel in this entry compare waiver
equitable estoppel: an estoppel that prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her loss – called also estoppel in pais;
◇ Traditionally equitable estoppel required that the original position was a misrepresentation which was being denied in the new position. Some jurisdictions retain the requirement of misrepresentation.
estoppel by deed: an estoppel precluding a person from denying the truth of any matter that he or she asserted in a deed esp. regarding his or her title to the property compare after-acquired title at title
estoppel by silence: an estoppel preventing a person from making an assertion to another's disadvantage when the person previously had the opportunity and duty to speak but failed to do so
estoppel in pais: equitable estoppel in this entry
file wrap·per estoppel: an estoppel in patent law barring an applicant who has acquiesced in the rejection of a broad claim in the application for a patent from later asserting that a claim deliberately more restricted is equivalent to the original claim – called also prosecution history estoppel;
promissory estoppel: an estoppel that prevents a promisor from denying the existence of a promise when the promisee reasonably and foreseeably relies on the promise and to his or her loss acts or fails to act and suffers an injustice that can only be avoided by enforcement of the promise
prosecution his·to·ry estoppel: file wrapper estoppel in this entry
quasi estoppel: an equitable estoppel that does not require misrepresentation by one party nor reliance or ignorance by the other party
2 a: a bar to the relitigation of issues
collateral estoppel: estoppel by judgment barring the relitigation of issues litigated by the same parties on a different cause of action; broadly: estoppel by judgment barring the relitigation of issues litigated by the same parties on a different or the same cause of action
direct estoppel: estoppel by judgment barring the relitigation of issues litigated by the same parties on the same cause of action
estoppel by judgment: a bar to the relitigation in a second action of issues already determined in a previous action; esp: collateral estoppel in this entry – called also estoppel by verdict, issue preclusion; see also former adjudication compare merger 4, res judicata
b: the affirmative defense of estoppel
by estoppel: arising from the operation of estoppel
an entrapment by estoppel

Merriam-Webster’s Dictionary of Law. . 1996.

estoppel
I noun ban, bar, bar to an allegation, barrier, barring, blockage, disallowance, forbiddance, hindrance, impediment, inhibition, legal restraint, obstruction, preclusion, preclusion by act, preclusion by conduct, prohibition, restraint, restriction associated concepts: agency by estoppel, collateral estoppel, equitable estoppel, estoppel by concealment, estoppel by conduct, estoppel by deed, estoppel by judgment, estoppel by laches, estoppel by matter in pais, estoppel by matter of accord, estoppel by recital, estoppel by record, estoppel by silence, estoppel by suppression, estoppel by verdict, estoppel letter, judicial estoppel, partnership by estoppel, ratification, stare decisis, waiver foreign phrases:
- Nemo contra factum suum venire potest. — No man can contradict his own act or deed
- Un ne dolt prise advantage de son tort demesne. — One ought not to take advantage of his own wrong
II index bar (obstruction), check (bar), halt, impediment, obstacle, prohibition

Burton's Legal Thesaurus. . 2006


estoppel
n.
A restraint or bar; a doctrine that prevents a person from doing or saying something that would contradict some earlier action or statement that another has relied on and the contradiction of which would hurt that other person.
v.
estop See also collateral estoppel; promissory estoppel

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


estoppel
a rule of evidence that operates to prevent a person from denying the truth of a statement he has made or from denying facts he has alleged to exist. The statement must have been acted upon (usually to his detriment, in that he has expended resources in reliance on its truth) by the other party who wishes to take advantage of the estoppel. For Scotland, See personal bar.

Collins dictionary of law. . 2001.


estoppel
A legal principle that prevents a person from asserting or denying something in court that contradicts what has already been established as the truth. (See also: equitable estoppel, promissory estoppel, collateral estoppel, estoppel by deed, estoppel in pais)
Category: Accidents & Injuries
Category: Criminal Law
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

estoppel
There are three legal principles which operate to bar or restrict litigation of similar matters on different occasions:
• Cause of action estoppel, where a cause of action has been determined in litigation between two parties it cannot generally be raised again in subsequent litigation between them.
• Issue estoppel, where an issue which in central to the litigation between two parties has been determined it cannot generally be raised against in subsequent litigation between them.
• Abuse of process, where it would be manifestly unfair for the cause of action or issue to be raised between two parties, even though the cause of action or issue has not been determined in prior litigation.
There are also forms of estoppel that arise outside litigation; equitable estoppel and promissory estoppel.
+ estoppel, claim of estoppel
USA
A legal doctrine in the law of equity preventing a party from asserting otherwise valid legal rights against another party because of the first party's own act, or representation of facts, which preclude that party later making claims to the contrary.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


estoppel
n. A doctrine that holds, under certain circumstances, that a claim or assertion cannot be made if it contravenes a prior claim or assertion of the same party, or if it contradicts the factual holding of a court whose decision is not directly binding on the parties.
@ collateral estoppel
Estoppel created by the findings of another court upon the same facts, even though the other proceeding did not involve all of the same parties or was otherwise not directly binding on the current court.
@ equitable estoppel
At equity, the doctrine that a party who has caused another harm in reliance on the party's promise or statement, may be barred from taking certain actions to escape liability for such harm.
@ estoppel by silence
An estoppel created by the failure to speak of a party who had an obligation to do so.
@ promissory estoppel
A doctrine that prevents a party from pleading lack of consideration as an affirmative defense, if that party made a statement upon which the other party foreseeably relied to his or her detriment.
n. Principle that one who has brought about certain actions or expectations by another because of promises made shall be estopped from acting or failing to act in contravention of his promises.
@

Webster's New World Law Dictionary. . 2000.


estoppel
A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial.

Dictionary from West's Encyclopedia of American Law. 2005.


estoppel
I
A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial.
 II An impediment that prevents a person from asserting or doing something contrary to his own previous assertion or act.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

estoppel
n.
   a bar or impediment (obstruction) which precludes a person from asserting a fact or a right or prevents one from denying a fact. Such a hindrance is due to a person's actions, conduct, statements, admissions, failure to act or judgment against the person in an identical legal case. Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel).

Law dictionary. . 2013.

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Look at other dictionaries:

  • Estoppel — in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth,… …   Wikipedia

  • Estoppel — (RP: [ɪˈstɒpəl], GenAm: [ɛˈstɑːpəl]; von engl. to estop, „unterbinden, verhindern“) ist ein Grundsatz im Verfahrens und materiellen Recht des Common Law, der die Durchsetzbarkeit eines zustehenden Anspruchs aufgrund von Handlungen des… …   Deutsch Wikipedia

  • estoppel — ● estoppel nom masculin Objection péremptoire qui s oppose à ce qu un État, partie à un procès, puisse contredire sa position antérieure. estoppel n. m. DR INTERN Exception procédurale applicable à un état faisant valoir des prétentions… …   Encyclopédie Universelle

  • Estoppel — Es*top pel, n. [From {Estop}.] (Law) (a) A stop; an obstruction or bar to one s alleging or denying a fact contrary to his own previous action, allegation, or denial; an admission, by words or conduct, which induces another to purchase rights,… …   The Collaborative International Dictionary of English

  • estoppel — A person s own acts, statement of facts or acceptance of facts which preclude his later making claims to the contrary. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • estoppel — 1530s, from O.Fr. estopail bung, cork, from estoper (see ESTOP (Cf. estop)) …   Etymology dictionary

  • estoppel — [e stäp′əl] n. [OFr estoupail, stopper, bung < estoper: see ESTOP] the barring of a person, in a legal proceeding, from making allegations or denials which are contrary to either a previous statement or act by that person or a previous… …   English World dictionary

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

  • Estoppel — L estoppel est un principe juridique d origine anglaise (de common law) selon lequel une partie ne saurait se prévaloir de prétentions contradictoires au détriment de ses adversaires. L estoppel doit être utilisé comme un bouclier, et non comme… …   Wikipédia en Français

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