Estoppel is a legal term that refers to a situation in which a person is prevented from asserting a claim or taking a particular course of action because of their own previous actions or words. The concept of estoppel is often used in the context of contract law, but can also apply in other areas of the law.
The doctrine of estoppel is based on the idea that it is unfair for a person to be able to go back on their word or previous actions. If a person has led another person to believe something, they should not be able to then deny that it is true. Estoppel can therefore be used as a way of preventing someone from going back on their word, or from taking a course of action that is inconsistent with their previous actions.
There are three main types of estoppel: promissory estoppel, equitable estoppel, and judicial estoppel. Promissory estoppel applies where someone has made a promise that they will not be able to go back on. Equitable estoppel applies where someone has taken a particular course of action, and it would be unfair for them to then be able to deny that they took that action. Judicial estoppel applies where someone has taken a particular position in a legal proceeding, and it would be unfair for them to then be able to take a different position in a different legal proceeding.
The concept of estoppel is important in many areas of the law, but is particularly relevant in the context of contract law. In contract law, estoppel can be used to prevent a person from going back on their word, or from taking a course of action that is inconsistent with the terms of the contract. Estoppel can also be used to enforce the terms of a contract, even if those terms are not expressly stated in the contract itself.
Estoppel is a legal doctrine that is used to prevent a person from going back
Does estoppel run against the government?
In the United States, the doctrine of estoppel generally does not apply to the government. This means that the government is not bound by its own prior statements or actions in the same way that a private party would be. There are a few exceptions to this rule, however, such as when the government makes a promise in exchange for consideration, or when the government's prior statements or actions have created a vested right that cannot be taken away. Is estoppel a cause of action? Yes, estoppel is a cause of action. It is an equitable remedy that is used to prevent someone from taking advantage of another person's ignorance or mistake.
Does estoppel apply in criminal cases?
The doctrine of estoppel generally applies in criminal cases. The government is estopped from prosecuting a defendant if the government has previously taken a position that is contrary to its current position. This can happen if the government has made a promise not to prosecute, or if it has previously decided not to prosecute a similar case. Can the state be estopped? The doctrine of estoppel generally provides that a person cannot deny or be allowed to deny the existence of a certain fact if that person has previously represented that the fact does exist.
The government can be estopped in the same way as any other party - by making a representation that it will not take a certain action, and then taking that action despite the representation.
For example, if the government tells a landowner that it will not build a road through their property, and the landowner reliance on that representation, the government may be estopped from later building the road.
Similarly, if the government tells a taxpayer that they will not be audited, and the taxpayer reliance on that representation, the government may be estopped from later conducting an audit.
In order for the government to be estopped, there must be a showing of reliance on the part of the person who is claiming estoppel.
There must also be a showing of some type of prejudice or harm that would result if the government were not estopped.
The doctrine of estoppel is not generally available against the government in criminal cases.
In order for estoppel to apply in a criminal case, the government would have to make a clear and unequivocal representation that it would not prosecute the defendant, and the defendant would have to show actual and reasonable reliance on that representation. What is an example of an estoppel? In law, estoppel is a principle that may be used to prevent someone from making certain arguments or taking certain actions that are inconsistent with something that has previously been said or done. For example, if a person tells another person that they will not take legal action against them, and the other person relies on that promise, the first person may be estopped from later taking legal action.