2006-07-04 20:27:51 · 5 answers · asked by joshuademex 1 in Politics & Government ➔ Law & Ethics
Estoppel: A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.
2006-07-04 20:29:39 · answer #1 · answered by e.estlinz 3 · 1⤊ 0⤋
ESTOPPEL - (estopped) A bar which precludes someone from denying the truth of a fact which has been determined in an official proceeding or by an authoritative body. An estopple arises when someone has done some act which the policy of the law will not permit her to deny.
In certain situations, the law refuses to allow a person to deny facts when another person has relied on and acted in accordance with the facts on the basis of the first person's behavior.
There are two kinds of estoppel.
Collateral estoppel prevents a party to a lawsuit from raising a fact or issue which was already decided against him in another lawsuit. For example, if Donna obtained a paternity judgment against Leroy and then sued him for child support, Leroy would be collaterally estopped from claiming he isn't the father.
Equitable estoppel prevents one party from taking a different position at trial than she did at an earlier time if the other party would be harmed by the change. For example, if after obtaining the paternity judgment, Leroy sues Donna for custody, Donna is now equitably estopped from claiming in the custody suit that Leroy is not the father.
An example of the slowly disappearing tendency of the legal profession to speak in secret code. All it means is 'stopped,' 'blocked' or 'not allowed.' Not only is it bizarre but the term does not appear to originate in any known language. Our research indicates it started either as a legal fraternity's drunken prank or was the result of an unknown Judge's severe speech impediment.
2006-07-04 20:32:27 · answer #2 · answered by Paul G 5 · 0⤊ 0⤋
The short answer is that estoppel means that whatever issue you want to discuss or have adjudicated may not be discussed or adjudicated. The issue has already been decided, or it's too late to deal with it, or the law may not allow the issue to be dealt with. Its like you bring a lawsuit against someone, and the court or the other party says "You are estopped from raising this issue/argument/question".
2006-07-05 04:16:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Quote:
"Speaking generally, estoppel is a bar which precludes a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers, or by his own deed, acts, or representations, either express or implied."
2006-07-04 20:31:43 · answer #4 · answered by iggwad ™ 5 · 0⤊ 0⤋
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It indicates something which is mandatory and compulsory and which is fundamental to the entire agreement. Where "may" is used it denotes an element of flexibility, i.e. an option which can be exercised by the parties on certain conditions.
2016-04-10 04:34:16 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It is a letter you send to a lender (letter of estoppel) to get a definite quote of the remaining principal to be paid off in a loan. I am unsure if there is another use of the word.
2006-07-04 20:30:51 · answer #6 · answered by ericsrei 2 · 0⤊ 0⤋
I've no idea and why are you jamming up the system with such questions?
2006-07-04 20:32:34 · answer #7 · answered by moss l 7 · 0⤊ 0⤋
shall is directive and mandatory. If the contract says you shall do something...you "must" do it. If you don't, you violate the contract.
2016-03-16 21:43:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋