{"id":17544,"date":"2023-01-26T16:14:53","date_gmt":"2023-01-26T16:14:53","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=17544"},"modified":"2023-01-26T19:27:39","modified_gmt":"2023-01-26T19:27:39","slug":"equitable-estoppel","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=17544","title":{"rendered":"equitable estoppel – prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions"},"content":{"rendered":"
\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> \u00a7 3 – Which form(s) of relief are you seeking to help remedy the situation?<\/a> >>>> Legal Terms re: Types of Remedies:<\/a> >>>> Remedy<\/a> >>>> Estoppel<\/a>:
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equitable estoppel<\/span>:<\/span>
\n<\/strong>(18c) <\/span><\/p>\n

1. A defensive doctrine preventing one party from taking unfair advantage of another when, through false language or conduct, the person to be estopped<\/a> has induced another person to act in a certain way, with the result that the other person has been injured in some way. \u00a0* \u00a0This doctrine is founded on principles of fraud<\/a>. \u00a0The five essential elements of this type of estoppel are that<\/span><\/strong><\/p>\n

(1) there was a false representation or concealment of material facts,<\/span><\/strong>
\n(2) the representation was known to be false by the party making it, or the party was negligent in not knowing its falsity,<\/span><\/strong>
\n(3) it was believed to be true by the person to whom it was made,<\/span><\/strong>
\n(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<\/span><\/strong>
\n(5) the party asserting estoppel acted on the representation in a way that will result in substantial prejudice unless the claim of estoppel succeeds.<\/span><\/strong><\/p>\n

\u2014 aka <\/span>estoppel by conduct<\/em><\/span>; estoppel in pais<\/em><\/span>.<\/span><\/strong><\/p>\n

2. See promissory estoppel.<\/a><\/span><\/strong> [1]<\/span><\/p>\n

1. A term which, for all practicable purposes, is the same as estoppel in pais<\/span>; 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 \u00a7 27<\/span>.\u00a0<\/span><\/strong><\/p>\n

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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 \u00a7 27<\/span>. <\/span><\/strong><\/div>\n
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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<\/em>, 198 Or 272, 253 P2d 252, 256 P2d 514, 35 ALR2d 1412<\/span>. <\/span><\/strong>[2]<\/span><\/div>\n
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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 \u2014 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]<\/span><\/strong><\/div>\n<\/div>\n
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1.\u00a0 strictly, an estoppel which arises out of a person\u2019s statement of fact, or out of his silence, acts, or omissions, rather than from a deed or record or written contract. 35 P. 512. <\/strong><\/span>[4]<\/div>\n
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References:<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary Deluxe Tenth Edition<\/em><\/a> by Henry Campbell Black & Editor in Chief Bryan A. Garner.<\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0with Pronunciations
\n<\/em>Third Edition<\/a> by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em><\/strong>Edited by William S. Anderson.\u00a0\u00a0<\/strong>\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.<\/strong><\/p>\n

[3]: Ballantine\u2019s Law Dictionary <\/a>Legal Assistant Edition<\/a>\u00a0<\/em>by Jack Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Doctored<\/a>\u00a0<\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.<\/strong>
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[4]: Barron\u2019s Law Dictionary Third Edition<\/a> by Steven H. Hifis (1975, 1991)<\/strong><\/p>\n

Back to Remedies<\/em><\/a><\/strong><\/span><\/p>\n

Back to Section 3:<\/a> Are you seeking damages, injunctive relief, or both?<\/em><\/a><\/strong><\/span><\/p>\n

Back to\u00a0Civil Law Self-Help<\/a>
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Home Page<\/a><\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help >>>> \u00a7 3 – Which form(s) of relief are you seeking to help remedy the situation? >>>> Legal Terms re: Types of Remedies: >>>> Remedy >>>> Estoppel: **************************** equitable estoppel: (18c) 1. A defensive doctrine preventing one party from taking unfair advantage of another when, through … Continue reading equitable estoppel – prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":16705,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-17544","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/17544","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17544"}],"version-history":[{"count":6,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/17544\/revisions"}],"predecessor-version":[{"id":17553,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/17544\/revisions\/17553"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/16705"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17544"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}