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ESTOPPEL

a restraint; a bar; arises where a person has done some act that the policy of the law will not permit him or her to deny, or where circumstances are such that the law will not permit a certain argument because it would lead to an unjust result. In the context of contract law, for example, one is estopped from denying existence of a binding contract where he or she has done something intending that another rely on his or her conduct, and the result of the reliance is detrimental to that other person. Compare waiver. EXAMPLE: Nelson convinces an associate to sign what appears to be a valid contract which gives the associate the right to buy certain items from Nelson. When the contract turns out to harm Nelson more than the associate, Nelson tries to deny the validity of the instrument. A court will find that Nelson is estopped (ie prevented) from raising the claim since it was Nelson who initiated the offer. AUTHORITY BY ESTOPPEL: see authority [AUTHORITY BY ESTOPPEL]
COLLATERAL ESTOPPEL:see collateral estoppel
DIRECT ESTOPPEL: the prohibition of the relitigation of an issue by two parties who have perviously litigeted the issue and had it decided by the courts. See collateral estoppel; res judicata
ESTOPPEL BY DEED: a bar that precludes a party from denying the truth and legitimacy of the conveyance represented by a deed he or she has given. it may be invoked only in a suit on the deed or concerning a right arising out of it.
ESTOPPEL BY JUDGMENT: see judgment [ESTOPPEL BY JUDGMENT]
ESTOPPEL BY LACHES: see laches [ESTOPPEL BY LACHES]
ESTOPPEL IN PAIS: Old Fr: the country, the neighborhood. An estoppel that arises out of a person's statement of fact, or out of his or her silence, acts or omissions, rather than from a deed or record or written contract; also called an equitable estoppel.
MUTUALITY OF ESTOPPEL: the doctrine that prohibits one party from raising an issue or a matter which the other party is prohibited from raising
PROMISSORY ESTOPPEL: see promissory estoppel
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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