estoppel – a bar that prevents one from asserting a claim or right that contradicts something they previously said, or contradicts known truth

     This page is continued from Civil Law Self-Help >>>>Section 3: Are you seeking damages, injunctive relief, or both? >>>> Legal Terms pertaining to Types of Remedies:


(16c) n.

1. A bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true.

2. A bar that prevents the relitigation of issues.

3. An affirmative defense alleging good-faith reliance on a misleading representation and an injury or detrimental change in position resulting from that reliance.   Cf. WAIVER (2). — estop, vb. [1]

1. A bar which stoppeth a person or closes up his mouth to allege or plead what actually may be the truth. 2 Coke, Littleton 352a.

A bar which precludes a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers or by his own deed or representations, express or implied. 28 Am J2d Estop § 1.

A waiver, being the intentional relinquishment of a known right, is consensual in nature and is distinguished from an estoppel which is not consensual, but is given effect to defeat the inequitable intent of the party estopped. Seavey v Erickson, 244 Minn 232, 69 NW2d 889, 52 ALR2d 1144.

The elements of estoppel by acts or representation are reliance by a person entitled to rely on the acts and representations, the misleading of such person, an d in consequence, a change of position to his detriment, so that the person responsible for the misleading will not be permitted to deny the truth of his own statements, express or implied. 29A Am J Rev ed Ins § 1009.

Although the terms “waiver” and “estoppel are not convertible, the distinction between the two terms is not entirely clear in insurance cases. Grantham v State Farm Mut. Auto Ins. Co. 126 Cal App 2d Supp 855, 272 P2d 959, 48 ALR2d 1088.
     See judicial estoppel; promissory estoppel; waiver. [2]

1. A prohibition imposed by law against uttering what may actually be the truth.

There are two classes of estoppel.  A person may be estopped by his own acts or representations (that is, not be permitted to deny the truth or significance of what he said or did) if another person who was entitled to rely upon those statements or acts did so to her detriment.  This type of estoppel i also known as equitable estoppel or estoppel in pais.  The second type of estoppel is legal estoppel. It includes matters of record such as marriage, divorce, judgments, and deeds, as well as the findings of a court.  estoppel must be distinguished from waiver, which the voluntary surrendering of a known right. 
     See collateral estoppel; judicial estoppel; promissory estoppel. [3]

     Excerpt from Lancelot Feilding Everest’s Everest and Strode’s Law of Estoppel 1 (3d ed. 1923):

     “‘Estoppe,’ says Lord Coke, ‘cometh of the French word estoupe, from whence the English word stopped; and it is called an estoppel or conclusion, because a man’s own act or acceptance stoppeth or closeth up his mouth to allege or plead the truth.’ [Co. Litt. 352a.] Estoppel may also be dehned to be a legal result or ‘conclusion’ arising from an admission which has either been actually made, or which the law presumes to have been made, and which is binding on all persons whom it affects. [4]

     Excerpt from John H. Wigmore’s “The Scientific Role of Consideration in Contract,” in Legal Essays in Tribute to Orrin Kip McMurray 641, 643 (Max Radin & Alexander M. Kidd eds., 1935):

     “In using the term ‘estoppel,’ one is of course aware of its kaleidoscopic varieties.  One reads of estoppel by conduct, by deed, by laches, by misrepresentation, by negligence, by silence, and so on.  There is also an estoppel by judgment and by verdict; these, however, obviously involve procedure.  The first-named varieties have certain aspects in common.  But these aspects are not always interpreted by the same rules in all courts. The institution seems to be flexible. [5]

Types of Estoppel:

equitable estoppel prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions —aka estoppel by conduct; estoppel in pais.

promissory estoppel a person may be bound to a promise (estopped to deny the promise) if another person was induced to take action on that promise to their own detriment.

estoppel by acquiescence arises from a party’s failure to respond to a claim within a reasonable time after receiving notice

estoppel by agreement – Estoppel based on the terms of a contract between the parties expressly or impliedly showing a mutual acceptance of certain facts or assumptions. Also termed estoppel by convention.

estoppel by contract – (1874) A bar that prevents a person from denying a term, fact, or performance arising from a contract that the person has entered into.

estoppel by deed – (1841) Estoppel that prevents a party to a deed from denying anything recited in that deed if the party has induced another to accept or act under the deed; esp., estoppel that prevents a grantor of a warranty deed, who does not have title at the time of the conveyance but who later acquires title, from denying that he or she had title at the time of the transfer. See AFTERACQUIRED-TITLE DOCTRINE. -Also termed estoppel by warranty.

The apparent odiousness of some classes of estoppel, chiefly estoppels by deed, seems to result not so much from the nature of an estoppel, as from the highly technical rules of real property law upon which it operated, and with which it was associated. Estoppels by record, indeed, stand upon a considerably higher footing than estoppels by deed . . . .” Lancelot Feilding Everest, Everest and Strode’s Law of Estoppel 10 (1923).

estoppel by election – (1906) The intentional exercise of a choice between inconsistent alternatives that bars the person making the choice from the benefits of the one not selected.

estoppel by laches – (1894) An equitable doctrine by which some courts deny relief to a claimant who has unreasonably delayed or been negligent in asserting a claim.

estoppel by misrepresentation – (1882) An estoppel that arises when one makes a false statement that induces another person to believe something and that results in that person’s reasonable and detrimental reliance on the belief.

estoppel by negligence – (1875) An estoppel arising when a negligent person induces someone to believe certain facts, and then the other person reasonably and detrimentally relies on that belief.  Cf. assisted misrepresentation under MISREPRESENTATION.

estoppel by representation – (1863) An estoppel that arises when one makes a statement or admission that induces another person to believe something and that results in that person’s reasonable and detrimental reliance on the belief; esp., equitable estoppel.

estoppel by silence – (1872) Estoppel that arises when a party is under a duty to speak but fails to do so. -Also termed estoppel by standing by; estoppel by inaction.

judicial est-ppel. (1886) Estoppel that prevents a party from contradicting previous declarations made during the same or an earlier proceeding if the change in position would adversely affect the proceeding or constitute a fraud on the court. Also termed doctrine of preclusion of inconsistent positions; doctrine of the conclusiveness of the judgment.

legal estoppel –  (1818) Estoppel recognized in law (as distinguished from equitable estoppel or estoppel in pais), such as an estoppel resulting from a recital or other statement in a deed or official record, and precluding any denial or assertion concerning a fact.

quasi-estoppel (1823) An equitable doctrine preventing one from repudiating an act or assertion if it would harm another who reasonably relied on the act or assertion.

technical estoppel (1802) 1. An estoppel arising from a matter of record or from a deed made by the party who is claimed to be estopped. 0 Estoppels by deed or by record are called “technical” because the rules of estoppel apply with certainty in appropriate cases. 2. COLLATERAL ESTOPPEL. See estoppel by deed.

estoppel-asserter. (1900) Someone who relied on an alleged misrepresentation and seeks to have the person who made the representation held liable for the resulting harm or loss. 0 The asserter must be the person to whom the misrepresentation was directly made. -Also termed estoppel-raiser.

estoppel certificate. (1897) l. A signed statement by a party (such as a tenant or a mortgagee) certifying for another’s beneht that certain facts are correct, such as that a lease exists, that there are no defaults, and that rent is paid to a certain date. 0 A party’s delivery of this statement estops that party from later claiming a different state of facts. 2. See WAIVER OF CLAIMS AND DEFENSBS.

estoppel-denier. (1900) Someone who allegedly made a misrepresentation to another and seeks to avoid liability for the misrepresentation and show that a contradictory statement is true. [1]


Patent-Related Estoppel:

assignee estoppel (1970) Patents. The equitable doctrine that bars the assignee of a patent from contesting the patent’s validity under some circumstances, as when the assignee seeks to avoid royalty payments, to void an assignment contract, or to mitigate damages related to the assignee’s fraudulent acquisition of the patent.  *  The doctrine prevents an assignee from simultaneously attacking and defending the validity of the same patent.

assignor estoppel (1959) Patents. Estoppel barring someone who has assigned the rights to a pa

tent from later attacking the patent’s validity.Westinghouse Elec. e5 Mfg. Co. v. Formica Insulation Co., 266 US. 342, 45 S.Ct. 117 (1924).  *  The doctrine was narrowed by Diamond Scientific Co. v. Ambico, Inc., 848 F.2d 1220 (Fed. Cir. 1988), in which the court held that in some circumstances equity may outweigh the public-policy reasons behind the estoppel doctrine.

marking estoppel (1973) Patents. Estoppel that prevents a party from asserting that a product is not covered by a patent if that party has marked the product with a patent number.  *  This type of estoppel has been questioned in recent years, and has been sharply limited by some courts.

prosecution-history estoppel – (1983) Patents. The doctrine limiting a patent-holder’s invocation of the doctrine of equivalents by eliminating from the claims those elements that the holder surrendered or abandoned during the prosecution of the patent. — aka estoppel on the record; file-wrapper estoppel.  See DOCTRINE 0F EQUIVALENTS.


Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


Back to Remedies

Back to Section 3: Are you seeking damages, injunctive relief, or both?

Back to Civil Law Self-Help

Home Page

Disclaimer and Terms of Service

Last updated: January 26, 2023

     Read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the website (the “Service”) operated by Wild Willpower (“us”, “we”, or “our”).

     Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

     By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


      This webpage constitutes a grassroots attempt to make the justice system more accessible for the average civilian. Information throughout this page does not constitute legal advice, nor should it be construed a replacement thereof. The information contained on this website is for informational purposes only.  Some information may be incorrect or out of date.  The author assumes no responsibility or liability for any errors or omissions in the content of this site. The information contained in this site is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness. We make no representation or warranty with respect to the information on this site. This webpage is being broadcast for First Amendment purposes, and represents a good-faith attempt to assist fellow civilians in finding justice for when they cannot find help from an attorney or from government agencies.  Our use of all content is being used explicitly for noncommercial purposes, and is protected in accord with Fair Use laws. To help us improve the website, or to point out somewhere it may need fixed or amended, email [email protected].  By continuing to read this website, you are thereby using our Service, within the scope and understanding as defined here.


     We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  What constitutes a material change will be determined at our sole discretion.

     By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, yet continue to use our Service, you agree that Wild Willpower PAC nor its officers may be held liable for any actions taken or misunderstandings on your part; do not use this website as your sole source of law-related information.


     When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

     You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

     You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

     The  Service and its original content, features and functionality (the layout and manner in which information is arranged) are and will remain the exclusive property of Wild Willpower and its licensors, and may be sold or transferred at any time.

Limitation of Liability

     Wild Willpower PAC is committed to providing high-quality products and services to our users. However, we understand that unforeseen circumstances may arise, and we want to ensure that our users are aware of the limitations of our liability.

    In no event shall Wild Willpower PAC or its affiliates, directors, officers, employees, agents, or suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of our products or services, including but not limited to damages for loss of profits, use, data, or other intangible losses.

     Our liability is limited to the extent permitted by law, and in no event shall it exceed the amount paid by the user for the product or service in question. This limitation of liability applies regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

    By using our products or services, you acknowledge and agree to this limitation of liability. If you do not agree with this limitation, your only remedy is to discontinue the use of our products and services.

Limitation of Damages

    Wild Willpower PAC values its users and strives to provide the best possible products and services. However, in the event of unforeseen circumstances, we want to make sure our users are aware of the limitations of our liability.

    In no event shall Wild Willpower PAC or its affiliates, directors, officers, employees, agents, or suppliers be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in any way connected with the use of our products or services, even if we have been advised of the possibility of such damages.

     Our liability is limited to the extent permitted by law and shall not exceed the total amount paid by the users for the product or service in question. This limitation of damages applies whether the claim is based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory.

    In no event shall Wild Willpower PAC be liable for any damages arising from the use of third-party products or services, including but not limited to those provided by our partners or affiliates.

    By using our products or services, you acknowledge and agree to this limitation of damages. If you do not agree with this limitation, your only remedy is to discontinue the use of our products and services.

    This limitation of damages statement is intended to be enforceable to the fullest extent permitted by applicable law, and if any portion of this limitation is deemed invalid or unenforceable, the remainder of the limitation shall remain in full force and effect.


     This agreement shall be governed by and construed in accordance with the laws of the State of Iowa and the United States of America. Any legal action or proceeding arising out of or related to this agreement shall be brought exclusively in federal or state courts located in Iowa, and each party irrevocably consents to the jurisdiction of such courts for the purpose of any such action or proceeding.

Links To Other Web Sites

     Our Service may contain links to third-party web sites or services that are not owned or controlled by Wild Willpower.

     Wild Willpower has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Wild Willpower shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

     We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


     We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

     Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

     All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


     Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

     These Terms shall be governed and construed in accordance with the laws of United States and the State of Iowa.

     Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


   If any portion of this Disclaimer and/or Terms of Use are deemed unenforceable, that shall not affect any other part of this Agreement. The unenforceable or illegal portion will be deemed deleted, and the Terms remaining shall remain valid and enforceable.

Contact Us

    If you have any questions about these Terms, please contact us: [email protected].