Estoppel

Videos

Power Point on Estoppel and Fraud & Affirmative Defenses

The principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination. Put simply, estoppel prevents one person from contradicting an action or statement from the past.

"the case had been one of estoppel"

If the court has established in a criminal trial that someone is guilty of murder, the legal doctrine preventing the murderer from denying his guilt in a civil trial is an example of estoppel

Estoppel may be used as a bar to the re-litigation of issues or as an affirmative defense. For estoppel in contract law, promissory estoppel is often applied where there is a promise or an agreement made without consideration.

What does estoppel mean in real estate?

By definition, an estoppel certificate is “[a] signed statement by a party (such as a tenant or mortgagee) certifying for anoth- er's benefit that certain facts are correct, as that a lease exists, that there are no defaults, and that rent is paid to a certain date.

Estoppel is a legal principle that keeps people and businesses from, essentially, going back on their word or promise.
Promissory estoppel helps injured parties to recover on promises made that have led to economic loss when not met.
Promissory estoppel helps injured parties recover damages they suffer due to broken promises by another party.
Promissory estoppel has different applications in different jurisdictions, so it is important to consult a lawyer before considering a case.