Chapter

<i>The Formal Estoppels</i>

ELIZABETH COOKE

in The Modern Law of Estoppel

Published in print March 2000 | ISBN: 9780198262220
Published online January 2010 | e-ISBN: 9780191714412 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262220.003.0002
The Formal Estoppels

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Sir Edward Coke, writing in 1628, mentioned three kinds of estoppels: by matter of record, by matter in writing, and by matter in pais (estoppel that arises in the country and need not involve writing). What Coke calls ‘estoppel by matter of record’ is often now called estoppel per rem judicatam, which can be roughly translated as ‘estoppel because the court has already decided’. It is the rule that when a question has once been litigated, the parties cannot bring it back to court for another try. The other two categories listed by Coke also remain vital parts of the law; they are the basis of what are called the ‘formal estoppels’. They are triggered by the actions or statements of the estopped person, but they sit a little uneasily beside the vast body of law which grew out of them and which behaves in a rather different way.

Keywords: formal estoppels; law; title; estoppel per rem judicatam; Sir Edward Coke

Chapter.  6261 words. 

Subjects: Civil Law

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