EQUITABLE ESTOPPEL Meaning and
Definition
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Equitable estoppel, also known as promissory estoppel, is a legal principle used to prevent a person or entity from going back on their word or from denying a previously made promise, when it would be unfair or unjust to do so. The doctrine falls under the broad umbrella of estoppel, which aims to preserve fairness and prevent injustice in legal proceedings.
Equitable estoppel is typically invoked when one party has made a representation, by words, conduct, or even silence, which induces another party to reasonably rely on it to their detriment. If the relying party acts upon the representation and changes their position based on that belief, the party making the representation may be estopped from denying the promise or representation.
To establish equitable estoppel, certain elements must be proven. These elements include: a clear and definite promise or representation, reliance on the promise by the other party, a change in position or some form of detrimental action taken based on the promise, and unfairness or injustice that would result if the promise or representation was not upheld.
Equitable estoppel is a flexible principle used in various legal contexts, including contract law, property law, and family law. It serves as a mechanism to prevent one party from taking advantage of another party's reasonable reliance on a promise, even if it is not supported by a formal agreement or consideration. The underlying purpose of equitable estoppel is to promote fairness, equity, and the prevention of unjust outcomes in legal disputes.
Common Misspellings for EQUITABLE ESTOPPEL
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- equotable estoppel
Etymology of EQUITABLE ESTOPPEL
The word "equitable estoppel" is derived from the combination of two different terms: "equitable" and "estoppel".
1. Equitable: The term "equitable" comes from the Latin word "aequus" which means "equal" or "fair". In English, it refers to principles of fairness and justice that are applied in the legal system. In legal contexts, "equitable" often denotes remedies or principles that are based on fairness rather than strict legal rules.
2. Estoppel: The term "estoppel" is derived from the Old French word "estopail" which means "stopper" or "plug". Its roots can be traced back to the Latin word "stuppa" meaning "bung" or "stopper".
