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Estoppel

Index Estoppel

Estoppel is a judicial device in common law legal systems whereby a court may prevent, or "estop" (a person who performs this is estopped) a person from making assertions or from going back on his or her word. [1]

80 relations: Acquiescence, Administrative law, American Law Institute, Ancient Greek, Andrew Longmore, Assignor estoppel, Australia, Birmingham Six, Black's Law Dictionary, Central London Property Trust Ltd v High Trees House Ltd, Civil law (legal system), Clean hands, Collateral estoppel, Combe v Combe, Common law, Commonwealth Law Reports, Commonwealth v Verwayen, Commonwealth v. Twitchell, Conflict of laws, Consideration, Constitution of India, Court, Creditor, D & C Builders Ltd v Rees, De facto corporation and corporation by estoppel, Debt, Debtor, Deed, Dicey Morris & Collins, Direct estoppel, Doctrine, Edward Coke, English law, Equity (law), Estoppel, Estoppel by deed, Evidence (law), Excuse, Fifth Amendment to the United States Constitution, Foakes v Beer, Good faith, Henderson v Henderson, Hughes v Metropolitan Railway Co, Ignorantia juris non excusat, Indian Evidence Act, Judicial estoppel, Judicial functions of the House of Lords, Judicial review, Kenneth Diplock, Baron Diplock, Laches (equity), ..., Landlord, Latin, Law Reports, Leasehold estate, Legal doctrine, Legitimate expectation, Lex causae, Lex fori, Licensee estoppel, List of national legal systems, Mary Arden (judge), McDonald v Attorney-General, Middle English, Mistake (contract law), Mistake of law, Old French, Peter Millett, Baron Millett, Pinnel's Case, Procedure in conflict of laws, Prosecution history estoppel, Public law, Question of law, Restatement (Second) of Contracts, Tom Denning, Baron Denning, Unconscionability, United States Court of Appeals for the Federal Circuit, Vulgar Latin, Waiver, Waltons Stores (Interstate) Ltd v Maher, Wiktionary. Expand index (30 more) »

Acquiescence

In law, acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of his or her rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights.

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Administrative law

Administrative law is the body of law that governs the activities of administrative agencies of government.

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American Law Institute

The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs.

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Ancient Greek

The Ancient Greek language includes the forms of Greek used in ancient Greece and the ancient world from around the 9th century BC to the 6th century AD.

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Andrew Longmore

Sir Andrew Centlivres Longmore, QC (born 25 August 1944), styled The Rt Hon.

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Assignor estoppel

The doctrine of assignor estoppel is a doctrine of United States patent law barring a patent's seller (assignor) from attacking the patent's validity in subsequent patent infringement litigation.

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Australia

Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands.

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Birmingham Six

The Birmingham Six were six men: Hugh Callaghan, Patrick Joseph Hill, Gerard Hunter, Richard McIlkenny, William Power and John Walker, who, in 1975, were each sentenced to life imprisonment following their false convictions for the Birmingham pub bombings.

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Black's Law Dictionary

Black's Law is the most widely used law dictionary in the United States.

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Central London Property Trust Ltd v High Trees House Ltd

Central London Property Trust Ltd v High Trees House Ltd KB 130 (or the High Trees case) is an English contract law decision in the High Court.

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Civil law (legal system)

Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.

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Clean hands

Clean hands, sometimes called the clean hands doctrine or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".

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Collateral estoppel

Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue.

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Combe v Combe

Combe v Combe 2 KB 215 is a famous English contract law case on promissory estoppel.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Commonwealth Law Reports

The Commonwealth Law Reports (CLR) are the authorised reports of decisions of the High Court of Australia.

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Commonwealth v Verwayen

Commonwealth v Verwayen, also known as the Voyager case,.

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Commonwealth v. Twitchell

Commonwealth v. Twitchell, 416 Mass.

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Conflict of laws

Conflict of laws concerns relations across different legal jurisdictions between natural persons, companies, corporations and other legal entities, their legal obligations and the appropriate forum and procedure for resolving disputes between them.

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Consideration

Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed).

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Constitution of India

The Constitution of India is the supreme law of India.

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Court

A court is a tribunal, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law.

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Creditor

A creditor is a party (for example, person, organization, company, or government) that has a claim on the services of a second party.

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D & C Builders Ltd v Rees

D & C Builders Ltd v Rees is a leading English contract law case on the issue of part payment of debt, estoppel, duress and just accord and satisfaction.

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De facto corporation and corporation by estoppel

De facto corporation and corporation by estoppel are both terms that are used by courts in most common law jurisdictions to describe circumstances in which a business organization that has failed to become a ''de jure'' corporation (a corporation by law) will nonetheless be treated as a corporation, thereby shielding shareholders from liability.

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Debt

Debt is when something, usually money, is owed by one party, the borrower or debtor, to a second party, the lender or creditor.

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Debtor

A debtor is an entity that owes a debt to another entity.

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Deed

A deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed.

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Dicey Morris & Collins

Dicey, Morris & Collins on the Conflict of Laws (often simply Dicey, Morris & Collins, or even just Dicey & Morris) is the leading English law textbook on the conflict of laws.

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Direct estoppel

The doctrine of direct estoppel prevents a party to a litigation from relitigating an issue that was decided against that party in that litigation, under certain circumstances.

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Doctrine

Doctrine (from doctrina, meaning "teaching", "instruction" or "doctrine") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system.

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Edward Coke

Sir Edward Coke ("cook", formerly; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician who is considered to be the greatest jurist of the Elizabethan and Jacobean eras.

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English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

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Equity (law)

In jurisdictions following the English common law system, equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law.

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Estoppel

Estoppel is a judicial device in common law legal systems whereby a court may prevent, or "estop" (a person who performs this is estopped) a person from making assertions or from going back on his or her word.

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Estoppel by deed

Estoppel is a common law doctrine which, when it applies, prevents a litigant from denying the truth of what was said or done.

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Evidence (law)

The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding.

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Excuse

In jurisprudence, an excuse is a defense to criminal charges that is distinct from an exculpation.

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Fifth Amendment to the United States Constitution

The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and, among other things, protects individuals from being compelled to be witnesses against themselves in criminal cases.

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Foakes v Beer

Foakes v Beer is an English contract law case, which applied the controversial pre-existing duty rule in the context of part payments of debts.

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Good faith

Good faith (bona fides), in human interactions, is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction.

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Henderson v Henderson

Henderson v Henderson (1843) 3 Hare 100, 67 ER 313 was a decision of the English Court of Chancery which confirmed that a party may not raise any claim in subsequent litigation which they ought properly to have raised in a previous action.

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Hughes v Metropolitan Railway Co

Hughes v Metropolitan Railway Co is a House of Lords case considered unremarkable for many years until it was resurrected by Lord Denning in the case of Central London Property Trust Ltd v High Trees House Ltd in his development of the doctrine of promissory estoppel.

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Ignorantia juris non excusat

Ignorantia juris non excusatBlack's Law Dictionary, 5th Edition, pg.

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Indian Evidence Act

The Indian Evidence Act, originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.

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Judicial estoppel

In the practice of law, judicial estoppel (also known as estoppel by inconsistent positions) is an estoppel that precludes a party from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings.

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Judicial functions of the House of Lords

The House of Lords, in addition to having a legislative function, historically also had a judicial function.

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Judicial review

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary.

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Kenneth Diplock, Baron Diplock

William John Kenneth Diplock, Baron Diplock, QC (8 December 1907 – 14 October 1985) was a British judge and Law Lord.

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Laches (equity)

Laches ("latches",; Law French: remissness, dilatoriness, from Old French laschesse) refers to a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regards to equity; hence, it is an unreasonable delay that can be viewed as prejudicing the opposing party.

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Landlord

A landlord is the owner of a house, apartment, condominium, land or real estate which is rented or leased to an individual or business, who is called a tenant (also a lessee or renter).

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Latin

Latin (Latin: lingua latīna) is a classical language belonging to the Italic branch of the Indo-European languages.

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Law Reports

The Law Reports is the name of a series of law reports published by the Incorporated Council of Law Reporting.

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Leasehold estate

A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord.

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Legal doctrine

A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case.

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Legitimate expectation

The doctrine of legitimate expectation was first developed in English law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person.

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Lex causae

Lex causae (Latin for "law of the cause"), in conflict of laws, is the law chosen by the forum court from the relevant legal systems when it judges an international or interjurisdictional case.

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Lex fori

No description.

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Licensee estoppel

Licensee estoppel is a doctrine under which a licensee of an intellectual property right, generally a patent or a trademark, is estopped from challenging the validity of the licensed property.

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List of national legal systems

The contemporary legal systems of the world are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these.

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Mary Arden (judge)

Dame Mary Howarth Arden, DBE, QC (née Arden; born 23 January 1947), styled The Rt Hon.

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McDonald v Attorney-General

McDonald v Attorney-General is a cited case in New Zealand regarding satisfying the requirement in promissory estoppel for reliance by the other party.

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Middle English

Middle English (ME) is collectively the varieties of the English language spoken after the Norman Conquest (1066) until the late 15th century; scholarly opinion varies but the Oxford English Dictionary specifies the period of 1150 to 1500.

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Mistake (contract law)

In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true.

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Mistake of law

Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court.

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Old French

Old French (franceis, françois, romanz; Modern French: ancien français) was the language spoken in Northern France from the 8th century to the 14th century.

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Peter Millett, Baron Millett

Peter Julian Millett, Baron Millett, GBS, PC, (born 23 June 1932) is a non-permanent judge of the Hong Kong Court of Final Appeal and a former Lord of Appeal in Ordinary and barrister of the United Kingdom.

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Pinnel's Case

Pinnel's Case 5 Co.

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Procedure in conflict of laws

In all lawsuits involving conflict of laws, questions of procedure as opposed to substance are always determined by the lex fori, i.e. the law of the state in which the case is being litigated.

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Prosecution history estoppel

Prosecution history estoppel, also known as file-wrapper estoppel, is a term used to indicate that a person who has filed a patent application, and then makes narrowing amendments to the application to accommodate the patent law, may be precluded from invoking the doctrine of equivalents to broaden the scope of their claims to cover subject matter ceded by the amendments.

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Public law

Public law is that part of law which governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to society.

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Question of law

In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law.

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Restatement (Second) of Contracts

The Restatement (Second) of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law.

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Tom Denning, Baron Denning

Alfred Thompson “Tom” Denning, Baron Denning, (23 January 1899 – 5 March 1999) was an English lawyer and judge.

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Unconscionability

Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience.

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United States Court of Appeals for the Federal Circuit

The United States Court of Appeals for the Federal Circuit (Federal Circuit; in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals headquartered in Washington, D.C. The court was created by Congress with passage of the Federal Courts Improvement Act of 1982, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges.

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Vulgar Latin

Vulgar Latin or Sermo Vulgaris ("common speech") was a nonstandard form of Latin (as opposed to Classical Latin, the standard and literary version of the language) spoken in the Mediterranean region during and after the classical period of the Roman Empire.

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Waiver

A waiver is the voluntary relinquishment or surrender of some known right or privilege.

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Waltons Stores (Interstate) Ltd v Maher

Waltons Stores (Interstate) Ltd v Maher,.

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Wiktionary

Wiktionary is a multilingual, web-based project to create a free content dictionary of all words in all languages.

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Redirects here:

Detrimental reliance, Equitable estoppel, Estop, Estoppal, Estopped, Estoppel by agreement, Estoppel by convention, Estopple, Issue estoppel, Promissory Estoppel, Promissory estoppel, Reasonable reliance.

References

[1] https://en.wikipedia.org/wiki/Estoppel

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