Are there any difference between common law estoppel and equitable estoppel?

Question

Or has it been fuse? to be as one.

i need serious answers pls. with legal authorities wud b excellent!

Answer 1

Common law estoppel covers all forms of estoppel, including equitable, collateral and promissory.

The basic principle is the same -- they just apply in different situations.

Answer 2

Common law estoppel covers all forms of estoppel, including equitable, collateral and promissory.

The basic principle is the same -- they just apply in different situations.

Answer 3

Statutes are laws written by the states' legislatures or the Congress. Common law is interpretation of those laws by the Courts or the creation of an aspect of law by the Courts. For example, in my state, our state Supreme Court has held every contract has "an implied covenant of good faith and fair dealing." That means every party to a contract in my state has the IMPLIED obligation to be fair with the other. Is that written anywhere in the contract or the state statutes? No. It was created by the Court. Is it fair and logicial? Yes. It does no more than tell people to treat each other fairly in contracts. Some people would call that judicial activism; some see it as simple logic. Another meaning of "Common law" is the laws that had their basis in the English law that existed when our nation was formed. My state was founded by the Spanish in 1540 and the basis of my state's law is Spanish civil law. In civil law, everything is written in the statutes. In common law, much of the statutory law is preceeded by a Court decision or is simply based on a Court decision. Roe v. Wade is another good example. Griswald v. Conn. was an earlier Supreme Court case that found a right to privacy in the Constitution. Roe v. Wade is based upon that right to privacy. The Constituion never mentions the word "privacy." Therefore, that right is a common law right. Whole books have been written on this topic and I've made it awfully simplistic, but I hope that's helpful. A good, but old, book on the topic, is Sir Edward Coke's "History of the English Common Law."