FAQs on Estoppels

Question 1

1. What is estoppel?

Accepted Answer

Estoppel is a legal principle that prevents a person from denying or asserting something contrary to what they previously stated or did.

Question 2

2. How does estoppel work in legal cases?

Accepted Answer

In legal cases, estoppel can be used as a defense or a basis for a claim. It prevents a party from going back on their word or acting inconsistently with their previous statements or conduct.

Question 3

3. What are the different types of estoppel?

Accepted Answer

There are three main types of estoppel: promissory estoppel, proprietary estoppel, and estoppel by representation. Promissory estoppel occurs when one party makes a promise and the other party relies on it. Proprietary estoppel involves a person's rights over property being recognized due to their reasonable reliance on another person's assurance. Estoppel by representation occurs when a person's conduct or statements lead another person to believe something, causing them to change their position.

Question 4

4. What is the purpose of estoppel in contract law?

Accepted Answer

In contract law, estoppel is used to enforce agreements that may not meet all the formal requirements of a contract. It prevents a party from denying the existence of a contract or their obligations under it if the other party has relied on their words or actions.

Question 5

5. Can estoppel be used to override written agreements?

Accepted Answer

Yes, estoppel can sometimes override written agreements. If one party has relied on the other party's representations or conduct, and it would be unfair to allow the latter to go back on their word, estoppel can be invoked to enforce the agreement or prevent a breach of contract. However, the specific circumstances and requirements for estoppel to override a written agreement may vary depending on the jurisdiction and the facts of the case.

Estoppels Video Lecture - Business Laws for CA Foundation

Business Laws for CA Foundation

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