Doctrine of Estoppel : Meaning, Definition and Kinds
Meaning of Estoppel
The word “Estoppel” came from the French word ‘estouper’. Estoupe means to stop.
In law, this term has been taken from English Jurisprudence to shut the mouth of a person who claimed or pleaded or spoke or acted upon the truth in one previous occasion and tries to avoid or evade his allegation or pleading or speech or action with an ill intention.
Maxim
It is based on the maxim “Allegans contraria non-est audiendus” it means a person claiming that contradictory facts should not be heard.
Definition
According to Hulsbury’s Laws of England,
“An Estoppel is said to be there when a party is not allowed to say that a certain statement of fact is untrue, whether it’s in reality or not.”
Section 115 of the Indian Evidence Act:
When one person,
- By his declaration or act or omission
- Intentionally causes or permits another person to believe that a thing is true and to act upon such belief,
- Neither he nor his representative is allowed in any lawsuit or proceedings between himself and such person or his representative,
- To deny the truth of that thing.
Example:
Malang intentionally and falsely leads Jalan to believe that a specific House belongs to him. Malang induces Jalan to buy that house and pay for it. The house, later on, becomes the property of Malang, he sets aside the sale on the ground that, at the time of sale he had no title.
Malang must not be allowed to prove his want of title.
When one person by his conduct or words wilfully causes another one to believe in the existence of a certain state of things, the former is refrained from averring against the latter a different state of thing as existing of that time[ Pickard v. Sears].
Scope of Estoppel
Following conditions must be satisfied to bring a case under the scope of Estoppel:
- The representation made by the person or his representative in any form
- The representation must be of existence of fact. The misrepresentation must not be of promises or intention.
- The representation should be such a way as if it was meant to rely upon it.
- There must be a belief on the part of the other party in its truth.
- Action on the faith of that declaration/act/omission.
- Representation should be the proximate cause of leading the other party to act to his disadvantage.
- The person asking for the benefit of an Estoppel must show that he was not aware of the real state of things.
- The person for whom the representation was meant only that person can avail the doctrine of Estoppel for himself.
Kinds of Estoppel
- Estoppel by a matter of record:
When a person is not allowed to dispute over the facts by which the judgement against him is going to be based on, it is called Estoppel by a matter of record.
- Estoppel by deed:
When a party enters into a formal agreement by deed due to some specific facts, neither he nor his representative is allowed to deny those facts; this is called Estoppel by deed.
- Estoppel by conduct:
If a man, either by words or by his conduct, has implied that he consents to an act which has been done and that he would not offer any objection to it, although it could not have been lawfully done without his consent and he persuaded others to do that from which they otherwise might have restrained from doing, he cannot question the legality of the act to the prejudice of those who have so given faith to his words, or to the fair conclusion to be drawn from his conduct.
- Equitable Estoppel:
When a person tries to take a legal action that would conflict with his previously given statements, claims or acts, the court will prohibit him from doing so as the rule of equity does not permit.
- Promissory Estoppel
When one party, by his words or conduct makes a legally binding promise to another party, and if the other party has acted upon those words or actions, the one who made the promise or gave assurance cannot revert to his previous position. It is called Promissory Estoppel.
- Estoppel by negligence
The Estoppel which enables a party to go against the other party to claim a right of property which he does not possess, then it is called Estoppel by Negligence.
- Estoppel on the viewpoint of law
There can be no estoppels on the point of law as the purpose of it is to create equity and not for the facility for inequity.
- No Estoppel against statute:
There is no Estoppel against the act of the legislature.
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