equitable estoppel – prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions

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equitable estoppel:
(18c)

1. A defensive doctrine preventing one party from taking unfair advantage of another when, through false language or conduct, the person to be estopped has induced another person to act in a certain way, with the result that the other person has been injured in some way.  *  This doctrine is founded on principles of fraud.  The five essential elements of this type of estoppel are that

(1) there was a false representation or concealment of material facts,
(2) the representation was known to be false by the party making it, or the party was negligent in not knowing its falsity,
(3) it was believed to be true by the person to whom it was made,
(4) the party making the representation intended that it be acted on, or the person acting on it was justifled in assuming this intent, and
(5) the party asserting estoppel acted on the representation in a way that will result in substantial prejudice unless the claim of estoppel succeeds.

— aka estoppel by conduct; estoppel in pais.

2. See promissory estoppel. [1]

1. A term which, for all practicable purposes, is the same as estoppel in pais; an estoppel of a party to plead or prove an otherwise important fact, because of something which he has done or omitted to do. 28 Am J2d Estop § 27

A term applied to a situation where, because of something which he has done or omitted to do, a party is denied the right to plead or prove an otherwise important fact. 28 Am J2d Estop § 27.
It arises out of the acts and conduct of the party estopped, such being the characteristic which distinguishes it from a technical estoppel by deed, record, or judgment. Sequin v Maloney, 198 Or 272, 253 P2d 252, 256 P2d 514, 35 ALR2d 1412. [2]
1. 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 4 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. [3]
1.  strictly, an estoppel which arises out of a person’s statement of fact, or out of his silence, acts, or omissions, rather than from a deed or record or written contract. 35 P. 512. [4]

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References:

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner.

[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.

[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.

[4]: Barron’s Law Dictionary Third Edition by Steven H. Hifis (1975, 1991)

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