ESTOPPEL

 

Estoppel is a legal principle that denies certain fact to the conduct performed earlier. Estoppel prevents the party from conducting voluntary conduct. The main aim of the estoppel is to prevent injustice which leads to fraud. The two common types of estoppel are equitable and legal. A good example of estoppel is found in Lambertini v. Lambertini case which explains  Olga’s marriage to  Frank Lambertini, how they met and started living together in Argentina.  It further explains how Olga and Frank hired an attorney and decided to file a divorce for Olga from her former husband.  In the continuation of this case, Olga then divorced from Frank. The promissory estoppel is a type of equitable estoppel that is a part of contract law doctrine.  Promissory estoppel occurs mostly where a party depends on the promises of another party. The estoppel certificate prevents the party from late challenging the other party in a contract. The party has precluded the party from bringing an action where the party has failed to claim in a proper time by laches estoppel. Estoppel by deed and estoppel by the record are the main constituents of the legal estoppel.  The estoppel by deed precludes the party from asserting against another party to the deed the right to derogation to deed. Collateral estoppel is also known as estoppel by judgment.  Collateral estoppel prevents re-argument of a legal issue which is determined by valid judgment. The collateral estoppel is inapplicable where the plaintiff files a suit to challenge the adequacy of rules. Judicial estoppel normally binds the party to his judicial declarations.

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