what is a good example of estoppel?

Question

I would like to see if anyone can give a very simple case where estoppel is the case.

Answer 1

An estoppel is a bar that prevents a party from making a claim, arising from a position previously taken by that party seeking to make the claim.

One is estopped from taking the position...(insert reason here).

Estoppels come in several flavors...promissory estoppel and equitable estoppel being the two biggest categories.

A first year Contracts Class Example or two:

1) Injurious reliance on creditor’s promise to accept part payment in full satisfaction may lead to enforceability of that promise under promissory estoppel.

2) If a bilateral contract is formally rejected but there is performance by one party, accepted by the other, some courts view it as an offer to a uni-k by the performing party, others see it as estoppel preventing the party receiving the benefit of the performance from asserting the contract is void.

Answer 2

There are several kinds of estoppel. Collateral estoppel applies to keep a party from asserting a claim in one court that has already been resolved in another. D's car hits A's car. A and B are riding in A's car. A sues D and wins. B can now sue D and the only issues are whether B was in A's car and how much damage D caused B. Fault was determined in the first trial. There is something called promissory estoppel, where someone's offer caused the plaintiff to do something for which he is entitled to be reimbursed. Then there is judicial estoppel which prevents a party from taking inconsistent positions in different court cases. Clear as mud, right?

Answer 3

Estoppel is defined by Black's Law Dictionary as "a bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true." For example, let's say you and I entered into a contract where I agree to paint your house blue with white trim for $1,000.00. So I paint your house blue with white trim, but you come back and say "Wait a minute, I wanted the house painted navy blue, not sky blue!" I would say that you didn't specify and I held up my end of the deal, so pay up." You decide to take me to court. I show the judge the contract that says "blue with white trim." You would effectively be barred from seeking a judicial remedy because your assertion is based on something that was not expressly spelled out in the contract.

Does that help?

Answer 4

In this case, a Mother claimed at deposition, and in open court that her ex-husband was the Father of her only child. Later it was found that she had been legally divorced 6years prior to the statement, and that she and her ex had no children to marriage. Later, the true Father was awarded Fatherhood in superior Court. As a result of this change of position, The true Father suffered legally, and now cannot bring legal action for his Son because of Statutes of Limitations. May a estoppel action be used in this matter?