What does estoppel mean in legal terms?
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. Estoppel may be used as a bar to the relitigation of issues or as an affirmative defense. For estoppel in contract law, see promissory estoppel.
What does promissory estoppel mean?
Within contract law, promissory estoppel refers to the doctrine that a party may recover on the basis of a promise made when the party’s reliance on that promise was reasonable, and the party attempting to recover detrimentally relied on the promise.
Who does an estoppel certificate benefit?
According to Black’s Law Dictionary, an estoppel certificate is a “signed statement by a party (such as a tenant or mortgagee) certifying for another’s benefit that certain facts are correct, as that a lease exists, that there are no defaults, and that a specific rent amount is paid to a certain date.
What is the definition of estoppel in law?
Updated Jun 25, 2019. Estoppel is a legal principle that precludes a person from alleging facts that are contrary to previous claims or actions. In other words, estoppel prevents someone from arguing something contrary to a claim made or act performed by that person previously.
When is a promissory estoppel enforceable by law?
Related Terms. Promissory estoppel is the legal principle defining a promise is enforceable by law when a party who relies on that promise suffers related detriment. A quasi contract is a legal agreement created by the courts between two parties who did not have a previous obligation to each other.
What is the legal definition of a demurrer?
legal Definition of demurrer. : a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action — compare confession and avoidance. Note: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states.
Is the original position a misrepresentation in estoppel?
Note: Traditionally equitable estoppel required that the original position was a misrepresentation which was being denied in the new position. Some jurisdictions retain the requirement of misrepresentation.