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Topic: Equitable estoppel

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promissory estoppel

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	Terms from The Encyclopedia of Real Estate Terms
		Equitable and promissory estoppel (also called ‘quasi-estoppel’) are akin and may be distinguished from estoppel based on a deed, or a record or judgment of a court.
		Estoppel by deed may arise when a seller does not have title at the time he purports to convey a property, but if he subsequently acquires title to that property, he would be estopped from then denying that title and transferring it as originally represented.
		Estoppel may be distinguished from ratification as the former induces a prejudicial action by another and is an equitable right, whereas ratification occurs after the event and is a matter of law.
	www.deltaalpha.com /html/terms2.php?id=7 (770 words)

	Van v Zahorik (Site not responding. Last check: 2007-10-10)
		The applicability of the doctrines of equitable parenthood or equitable estoppel arose in the context of Ms.
		Equitable estoppel arises where a party, by representations, admissions, or silence intentionally or negligently induces another party to believe facts, the other party justifiably relies and acts on that belief, and the other party will be prejudiced if the first party is allowed to deny the existence of those facts.
		7 As was the case with equitable parenthood, application of this doctrine in the context of a marriage is consistent with the presumption of legitimacy.
	www.icle.org /michlaw/oview.cfm?caseid=11125411 (6663 words)

	'THE INFORMANT' MEETS 'THE ESTOPPEL' IN A BATTLE OVER A MILLION STOCK SHARES (Site not responding. Last check: 2007-10-10)
		Another related concept is "that branch of equitable estoppel known as 'quasi- estoppel' or 'estoppel by benefit.' Under a quasi-estoppel theory, a party who accepts a transaction or instrument and then accepts benefits under it may be estopped to take a later position inconsistent with the prior acceptance of that same transaction or instrument.
		Quasi-estoppel is similar to equitable estoppel in that it may not be invoked by a stranger to the transaction where the prior position was asserted.
		Both judicial estoppel and the 'mend the hold' rule preclude the assertion of inconsistent factual positions before a tribunal, and both serve to preserve judicial resources, protect judicial integrity and boost public confidence in the fairness of the judicial system.
	www.felahfd.com /HFDLaw/notebook/399.htm (1978 words)

	Protecting Reliance: The Emergent Doctrine of Equitable Estoppel by Michael Spence; Reliance, Conscience and the New ...
		As I have argued elsewhere,[8] it is essential to an understanding of equitable estoppel to attempt to situate it within a coherent taxonomy of the law of obligations.
		What distinguishes equitable estoppel from the other doctrines is the particularity of the duty not to cause harm which is created by equitable estoppel: it is a duty not to cause harm by acting inconsistently with an assumption induced by one’s conduct.
		Secondly, in distinguishing estoppel from contract, Spence suggests that it is ‘unlikely that many parties will choose to argue their case in equitable estoppel when a cause of action in contract would be available’ because relief will only be available in estoppel on a discretionary basis.
	www.austlii.edu.au /au/journals/MULR/2000/7.html (7803 words)

	Equitable Estoppel
		Equitable Estoppel is a legal principle which means that, in certain cases, the ALJ can order the department to stop doing something because it is not fair to a client.
		A hearing is unnecessary only when the department agrees that the appellant has established the case for equitable estoppel and the appellant agrees to the facts of the overpayment.
		Equitable estoppel is necessary to prevent a manifest injustice.
	www1.dshs.wa.gov /esa/eazmanual/Sections/FHEquitEstop.htm (1142 words)

	74530 -- Toshiba Master Lease, Ltd. v. Ottawa University -- Knudson -- Kansas Court of Appeals
		The doctrine of equitable estoppel may be applicable if a party having a duty to speak as to the true facts remains silent to the prejudice of another party.
		Under equitable estoppel, the duty to speak is based upon concepts of morality and justice.
		On appeal, Toshiba contends that equitable estoppel is not applicable under the law and the evidence.
	www.romingerlegal.com /kansas/kansas_courts/74530.htm (3132 words)

	Welcome to the Los Angeles County Bar Association Website
		Closely aligned with the doctrine of equitable estoppel is the joint venture exception to the Statute of Frauds.
		Equitable estoppel against the assertion of the Statute of Frauds as a defense to oral contracts is alive and well in business law, as evidenced by two recent Ninth Circuit cases based on California law.
		Equitable estoppel principles are available to enforce qualifying oral agreements to make a will or devise that were made prior to 1985.
	www.lacba.org /showpage.cfm?pageid=1249 (3143 words)

	MCJI Chapter 130
		These instructions are not applicable in cases involving a defense of equitable estoppel because the elements are different from the elements of a cause of action for damages based on promissory estoppel.
		Certainly the avoidance of injustice requirement of promissory estoppel is equitable in nature and presents a policy decision for the court, not a question of fact for the jury.
		Promissory estoppel is not available as a cause of action for a person who suffers an injury relying on an enforceable contract promise because the usual remedies for breach of contract apply.
	www.courts.michigan.gov /mcji/promissory-estoppel/printCh130.htm (795 words)

	LawKT.com: Law Firm Publications on Equitable Estoppel
		Equitable Estoppel While the Court recognized that "equitable estoppel may beEmployment Law Developments -- October 2003 a viable theory in ERISA cases," it affirmed that such a theory may not be used by a plan participant to estop or prevent the application of unambiguous written terms of an ERISA plan.
		An employee may recover under equitable estoppel by establishing that the employer informed the employee of its expressed policy or decision and the employee reasonably relied on that policy or decision to her detriment.
		Oubre was barred by the doctrine of equitable estoppel from voiding the release because she retained the benefits that she received under it.
	www.lawkt.com /pubs/Equitable_Estoppel.html (6275 words)

	[No title]
		The first prong of the equitable estoppel test is satisfied in this instance because the government made an affirmative misrepresentation.
		1982) (applying equitable estoppel against the government when it attempted to reincarcerate a parolee who was incorrectly released from custody).
		As a result, the second prong of the equitable estoppel test is easily satisfied.
	www.dcfpd.org /motions/alaska/dismiss/estoppel.htm (925 words)

	Turner v. Chandler
		In remanding this case to the circuit court, the federal court ruled that Appellant's equitable estoppel defense was not preempted by federal law.
		Furthermore, in order to invoke estoppel against the government, "one must show that he or she has detrimentally relied on the representation or conduct of the person sought to be estopped and that such reliance was reasonable." Simpson v.
		However, the circuit court's conclusion that equitable estoppel should not be invoked to preclude recovery of the value of DHS's overpayments was correct.
	www.hawaii.gov /jud/ica19833.htm (3710 words)

	OSCN Found Document:FITE v. VAN ANTWERP (Site not responding. Last check: 2007-10-10)
		Could such a contract be established by estoppel, plaintiff has not set out in her petition allegations sufficient to entitle her to the application of the rule.
		Marsh, 121 Okla. 135, 248 P., the essential elements of equitable estoppel are enumerated in a quotation from Texas Co. v.
		"It is an indispensable element of equitable estoppel that the person relying thereon must have been induced to act or alter his position to his detriment or injury, and where equitable estoppel is relied on to preclude another from asserting the statute of frauds as a defense to an oral contract.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=1669 (1007 words)

	Florida Litigation Guide - Welcome!
		Claims for equitable and promissory estoppel differ only in that promissory estoppel applies to the promisor’s representation of future acts and equitable estoppel addresses existing events.
		A claim for equitable estoppel against the government requires proof of some affirmative misconduct by the government.
		(8) Estoppel is not a judicial counteraction to the statute of frauds.
	www.floridalitigationguide.com /guide/23.php (361 words)

	Creditnet estoppel discussion (Site not responding. Last check: 2007-10-10)
		Englehart" which was an estoppel case based on a promise by Gravens upon which Englehart relied to purchase a piece of property and his reliance later proved to his detriment when Gravens fenced off the only entrance to the property.
		Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel).
		If one did bring an estoppel action one would have to do so in answer to for summary judgment in order to estop the collector from proceeding with his case because of his failure to validate the debt in a timely and proper manner.
	www.creditwrench.greatnow.com /Creditnet~Estoppel~Discussion.html (5810 words)

	NE Law Express (Site not responding. Last check: 2007-10-10)
		Equity may be used under appropriate circumstances, and equitable principles may prevent one from asserting a particular defense when it would be unfair or unjust to allow that person to do so.
		The doctrine of equitable estoppel may be applied to prevent an inequitable resort to a statute of limitations as well, and a defendant may, by his or her representations, promises, or conduct, be so estopped where the other elements of estoppel are present.
		The Court determined that Harold was equitably estopped from asserting a statute of limitations defense, due to his representations, promises, and conduct, saying that he would execute the documents.
	www.nebar.com /resources/nelawexpress/scjournals/2003sc/scfeb14.htm (4771 words)

	[No title]
		She argued, however, the doctrine of equitable estoppel barred 21st Century from raising a statute of limitations defense based on section 340.9 and nothing in that statute extinguished her equitable remedy.
		Centex Homes in which the court held the doctrine of equitable estoppel permits a plaintiff to bring an action for construction defects after the expiration of the “absolute” 10-year statute of limitations on such claims. As we previously explained, the burden of a late claim falls more heavily on the insured than the insurer.
		Cordova contends for the first time on appeal she was misled into not presenting evidence to support her claim of equitable estoppel because 21st Century did not raise the lack of such evidence as a ground for summary judgment.
	caselaw.lp.findlaw.com /data2/californiastatecases/b171304.doc (5044 words)

	Real Estate Chronicle: Estoppel Certificates
		Estoppel, to the non-initiated, sounds more like the newest toy in the Pentagon’s vast array of secret weaponry and armaments, something that belongs more to Area 51 than the real estate world, or perhaps the latest scandal to permeate Capitol Hill.
		In some instances the market value of the subject property may be altered, as in the case of an investor purchasing a professional building.
		All the more so, since contracts in real estate are made ‘under seal’ (deeds) and, as such, the rule of evidence arising from the special status of a deed is that the parties are expected to take greater care to verify the contents of the agreement and their validity at law, before consummating it.
	wwwrealestatechronicle.blogspot.com /2006/06/estoppel-certificates.html (716 words)

	Legal Definition of 'Estoppel'
		ESTOPPEL - (estopped) A bar which precludes someone from denying the truth of a fact which has been determined in an official proceeding or by an authoritative body.
		Collateral estoppel prevents a party to a lawsuit from raising a fact or issue which was already decided against him in another lawsuit.
		Equitable estoppel prevents one party from taking a different position at trial than she did at an earlier time if the other party would be harmed by the change.
	www.lectlaw.com /def/e040.htm (310 words)

	A1_03_34_33.htm
		Additionally, the Court found that the Plaintiff had failed to satisfy the elements necessary to invoke either the doctrine of equitable estoppel or the doctrine of promissory estoppel.
		However, the doctrines of promissory estoppel and equitable estoppel may bar the assertion of a statute of frauds defense.
		However, under the doctrine of promissory estoppel, the agreement must be “clear, definite, and unambiguous as to essential terms” before the doctrine of promissory estoppel will be invoked.
	www.ndd.uscourts.gov /dndopinions/html/A1_03_34_33.htm (1622 words)

	Equitable Parent and Equitable Estoppel Doctrines Limited to Marriage (Site not responding. Last check: 2007-10-10)
		Zahorik moved for summary disposition, on grounds he was not the biological father and could not be deemed an equitable parent because they had never been married.
		Van argued that he was an equitable parent and, further, that Zahorik should be equitably estopped from denying he was the father.
		The dissenting opinions point out the Child Custody Act, by its own terms, is "equitable in nature" and doesn't even define "parent", let alone limit itself to biological or adoptive parents.
	courts.co.calhoun.mi.us /99dom013.htm (276 words)

	Equitable Estoppel May Revive Northridge Earthquake Claims
		Delayed discovery could not apply, Croskey said, because the association was on notice of the fact that its premises had been damaged and was obligated to make known to the insurer the extent of the damage at that time.
		But equitable estoppel might apply, the justice reasoned, rejecting the contention that the Legislature intended to create an absolute deadline for Northridge earthquake suits by enacting Sec.
		The Legislature, the justice said, was aware of the doctrine of equitable estoppel and could have expressly barred its application to Northridge earthquake cases if it had wished to do so.
	www.metnews.com /articles/2005/dohe092005.htm (553 words)

	Illegal immigration and "equitable estoppel"
		The concept of equitable estoppel bars our government from now adopting a position that contradicts the de facto immigration policy, because that contradictory stance would be unfair to the undocumented immigrants who relied on the de facto policy.
		I'm not saying the doctrine of equitable estoppel is enforceable in a court of law on behalf of undocumented immigrants...
		equitable meaning what is fair and equal in light of all factors and not necessarily according to rule.
	lonewacko.com /blog/archives/005039.html (1462 words)

	doctrine of laches (of latches) - Verwirkung durch Versäumnis in der Geldtendmachung eines (equitable) Einspruchs ...
		The Amended Complaint is barred by the equitable doctrines of latches, waiver, estoppel, accord and satisfaction and unclean hands.
		The doctrine of latches is based on a number of equitable principles that are premised on some detrimental change in position made in reliance upon the action or inaction of the other party.
		The equitable defense of latches bars recovery for pre-filing infringements, but does not bar recovery for post-filing infringements.
	www.proz.com /kudoz/1574624 (657 words)

	The CEO Refresher - The Perils of Patenting
		The modern doctrine of equitable estoppel can be traced to the English kings who "estopped" the enforcement of decisions by the courts of "common law" that were scattered throughout the realm.
		An equitable estoppel typically arises in these cases when a patent owner makes a misleading communication that it will not enforce its patent, and an infringer reasonably relies upon that communication to continue or expand its business.
		In deciding this case, Judge Platt determined that Stambler had a duty to speak out, and that his silence could be reasonably interpreted as an indication that he had abandoned his patent claims.
	www.refresher.com /!perils (1140 words)

	Equitable Estoppel (Site not responding. Last check: 2007-10-10)
		Equitable Estoppel means stopping DSHS from taking action to collect money from you.
		If the DSHS office is trying to collect money from you for an overpayment even though you gave them all the correct information, you need to contact the Fair Hearing Coordinator at your DSHS office.
		Tell that person that you want to establish an equitable estoppel defense to an overpayment.
	www.wroc.org /factsheets/estoppel.htm (306 words)

	Equity
		Williams (01/20/2006) sp-5973 (equitable estoppel; toll statute of limitations)
		Gaston (02/20/1998) sp-4950, 954 P2d 572 (equitable estoppel)
		J.S. (01/16/1998) sp-4931, 951 P2d 1199 (equitable estoppel)
	www.touchngo.com /sp/s_equity.htm (710 words)

	FMLA 50-employee threshold overcome by equitable estoppel - Ross' Employment Law Blog
		FMLA 50-employee threshold overcome by equitable estoppel - Ross' Employment Law Blog
		Can an employee overcome the FMLA 50-employee threshold by using the doctrine of equitable estoppel?
		Family Medical Leave Act applies only when the employer has 50 or more employees.
	www.lawmemo.com /blog/2006/04/fmla_50employee.html (158 words)

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