Overview

estoppel


Show Summary Details

Quick Reference

N. [from Norman French estouper, to stop up]

A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying the existence of facts that he has alleged to exist. The denial must have been acted upon (probably to his disadvantage) by the person who wishes to take advantage of the estoppel or his position must have been altered as a result. There are several varieties of estoppel. Estoppel by conduct (or in pais) arises when the party estopped has made a statement or has led the other party to believe in a certain fact. Estoppel by deed prevents a person who has executed a deed from saying that the facts stated in the deed are not true. Estoppel by record (or per rem judicatam) prevents a person from reopening questions that are * res judicata (i.e. that have been adjudicated upon by a court of competent jurisdiction). See also issue estoppel.There are two forms of equitable estoppel – promissory and proprietary. The doctrine of promissory estoppel applies when one party to a contract promises the other (by words or conduct) that he will not enforce his rights under the contract in whole or in part. Provided that the other party has acted in reliance on that promise, it will, though unsupported by consideration, bind the person making it: he will not be allowed subsequently to sue on the contract. When applicable, the doctrine thus modifies the common-law rules relating to accord and satisfaction. Under the doctrine of proprietary estoppel, the courts can grant a discretionary remedy in circumstances where an owner of land has implicitly or explicitly led another to act detrimentally in the belief that rights in or over land would be acquired. The remedy may take the form of the grant of a fee simple in the property (Pascoe v Turner [1979] 1 WLR 431), the grant of a short-term occupational licence, or even a monetary sum equivalent to the value of the detriment suffered by the claimant in reliance upon the expectation (Jennings v Rice [2003] P & CR 8 (CA). The court will always seek to do the minimum necessary to satisfy the equity. The scope of proprietary estoppel has recently been subject to extensive review by the House of Lords in Yeoman's Row Management Ltd v Cobbe [2008] UKHL 55.

Estoppel by conduct (or in pais) arises when the party estopped has made a statement or has led the other party to believe in a certain fact.

Estoppel by deed prevents a person who has executed a deed from saying that the facts stated in the deed are not true.

Estoppel by record (or per rem judicatam) prevents a person from reopening questions that are * res judicata (i.e. that have been adjudicated upon by a court of competent jurisdiction). See also issue estoppel.

Subjects: Law.


Reference entries

See all related reference entries in Oxford Index »


Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.