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Topic: Estoppel

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collateral estoppel

promissory estoppel

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	Collateral estoppel - Wikipedia, the free encyclopedia
		Collateral estoppel does not prevent an appeal of the decision to a higher court, or a party from asking the judge for reargument or a revised decision.
		Traditionally, collateral estoppel applied only where there was mutuality of parties, meaning that both the party seeking to employ collateral estoppel and the party against which collateral estoppel is sought were parties to the prior action.
		Collateral estoppel is closely related to the concept of claim preclusion, which prevents parties relitigating the same cause of action after it has been decided by a judge or jury.
	en.wikipedia.org /wiki/Collateral_estoppel (542 words)

	Estoppel - Wikipedia, the free encyclopedia
		Estoppel is an equitable doctrine proposing that any person who asks the courts to enforce a legal remedy should have a clear conscience.
		Estoppel in English law is defined as: "a principle of justice and of equity.
		Estoppel by representation of fact and promissory estoppel are mutually exclusive: the former is based on a representation of existing fact (or of mixed fact and law), while the latter is based on a promise not to enforce some pre-existing right (i.e.
	en.wikipedia.org /wiki/Estoppel (3956 words)

	ESTOPPEL - LoveToKnow Article on ESTOPPEL
		(3) Estoppel by conduct, or, as it is still sometimes called, estoppel by matter in pais, is the most important head.
		The rule practically comes to this that, when a person in his dealings with others has acted so as to induce them to believe a thing to be true and to act on such belief, he may not in any proceeding between himself and them deny the thing to be true: e.g.
		Estoppel of whatever kind is subject to one general rule, that it cannot override the law of the land; for example, a corporation would not be estopped as to acts which are ultra vires.
	www.1911encyclopedia.org /E/ES/ESTOPPEL.htm (456 words)

	Estoppel
		The doctrine of estoppel does not require a claimant to prove either that an employer's representation was false or that the employer made the representation with the intent to induce reliance.
		To prove estoppel, claimant was required to show by clear, precise and unequivocal evidence that she relied upon an act or statement of employer or its agent in refraining from filing a claim within the statutory period.
		Therefore, she "didn't do anything." To prove estoppel, a claimant must: (1) show by "clear, precise and unequivocal evidence"; (2) that he or she relied to his or her detriment; (3) upon an act or statement of the employer or its agent; (4) to refrain from filing a claim within the statutory period.
	www.gormannet.com /LegalSummaries-Estoppel.htm (2824 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 (288 words)

	estoppel; definition (Site not responding. Last check: 2007-10-20)
		; 31 C.J.S., Estoppel and Waiver, § 106).
		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 /terms/estoppel.html (889 words)

	Estoppel at opensource encyclopedia (Site not responding. Last check: 2007-10-20)
		Estoppel is the doctrine that prevents a party from acting in a certain way because it is not equitable to do so.
		Proprietary estoppel arises when one party purports to give but fails to effectively convey, or promises to give land or an interest in land, to another party knowing that party will expend money or otherwise act to his detriment in reliance of the supposed or promised gift.
		Estoppel is a equitable (as opposed to common law) construct and is therefore discretionary.
	www.wiki.tatet.com /Estoppel.html (1242 words)

	Equitable estoppel - Hutchinson encyclopedia article about Equitable estoppel
		In law, a conclusive admission that cannot be denied.
		For the rule of estoppel to operate in law, a denial of the truth of the statement or facts relating to it must have been made, and the person hoping to benefit from the estoppel must have acted upon the denial before the true position was known (usually to his or her detriment).
		This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.
	encyclopedia.farlex.com /equitable+estoppel (123 words)

	03-594
		In C.J.S., the doctrine of judicial estoppel was defined as a doctrine that is not strictly of estoppel, but also "partakes rather of the positive rules of procedure based on manifest justice and, to a greater or lesser degree, on considerations of the orderliness, regularity, and expeditious of litigation." 31 C.J.S. §117 at 378.
		Under the doctrine of judicial estoppel, as distinguished from equitable estoppel by inconsistency, a party is estopped merely by the fact of having alleged or admitted in his pleadings in a former proceeding under oath the contrary of the assertion sought to be made.
		Judicial estoppel is intended to protect the integrity of the courts, not to provide "a sword to be wielded by adversaries" in an attempt to avoid potential liability.
	courts.state.ar.us /opinions/2004a/20040108/03-594.html (5170 words)

	estoppel
		"Estoppel" usually is based upon a representation of fact which the party is not permitted to deny.
		"Promissory estoppel" may be stated thus: One who makes a promise upon which another justifiably relies may be bound to perform it, despite lack of consideration; i.e., the estoppel is a substitute for consideration.
		Equitable estoppel is used to prevent the unfair assertion of the statute of frauds.
	www.mdeansutton.com /estoppel.htm (1971 words)

	"Collateral Estoppel" Defined
		Under collateral estoppel, once a court has decided an issue of fact or law ncessary to its judgment, that decision may preclude relitigation of the issue in a suit on a different cause of action involving a party to the first case.
		The collateral estoppel bar is inapplicable when the claimant did not have a 'full and fair opportunity to litigate' the issue decided by the other court.
		Ordinarily, collateral estoppel is an affirmative defense that must be raised by the party seeking to use it, or else it is waived.
	www.lectlaw.com /def/c171.htm (1137 words)

	PROMISSORY ESTOPPEL: REVOLUTION AND COUNTERREVOLUTION
		Because of the relatively low rate for wins on the merits in promissory estoppel cases, the 1997 studies concluded promissory estoppel is a defunct doctrine.
		Since the purpose of the empirical studies is to determine whether courts are generally hostile to promissory estoppel as a legal theory, Kostritsky says, you shouldn't just count as "wins" cases where the plaintiffs prevailed on the merits at trial.
		And promissory estoppel claimants have a substantial chance of prevailing when the defendant has engaged in "opportunistic behavior." An example of opportunistic behavior is when a defendant strings the plaintiff along (inducing the plaintiff to start performing, with the promise that a contract will be forthcoming), only to turn around and contract with another vendor.
	www.felahfd.com /HFDLaw/notebook/34.htm (1091 words)

	Creditnet estoppel discussion
		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 (5909 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).
		After all, it was because of this history that it decided to pursue institutional deportation proceedings in his case.
	www.dcfpd.org /motions/alaska/dismiss/estoppel.htm (925 words)

	Patent - Festo - Doctrine of Equivalents & Prosecution History Estoppel
		For the purposes of determining whether an amendment gives rise to prosecution history estoppel, a "substantial reason related to patentability" is not limited to overcoming or avoiding prior art, but instead includes any reason which relates to the statutory requirements for a patent.
		There is no reason why prosecution history estoppel should arise if the Patent Office rejects a claim because it believes the claim to be unpatentable, but not arise if the applicant amends a claim because he believes the claim to be unpatentable.
		In cases before Warner-Jenkinson, the Supreme Court applied prosecution history estoppel to preclude a finding of infringement under the doctrine of equivalents, but the Court did not analyze the actual scope of equivalents that might be available when prosecution history estoppel applied, i.e., the extent of the subject matter surrendered by amendment.
	youknowitall.com /62Festo/FestoPart2enbanc62.htm (3623 words)

	Easing Estoppel Delays
		Because completing an estoppel certificate can be a time-consuming task for a tenant, shopping center owners should provide as much information as possible on each tenant estoppel certificate before sending it to the tenants.
		Tenant estoppel certificates have become an important part of almost all sale and financing transactions because most buyers and lenders are much more thorough in their due diligence reviews.
		Most problems with tenant estoppel certificates are caused by poor planning or by the failure of the owner to perform adequate pre-sale or pre-financing due diligence.
	retailtrafficmag.com /mag/retail_easing_estoppel_delays/index.html (609 words)

	Promissory Estoppel and the Statute of Frauds in Missouri (Site not responding. Last check: 2007-10-20)
		Promissory estoppel developed in Missouri primarily not as an exception to the Statute of Frauds but as a rationale for enforcing a promise in the absence of bargained-for consideration, where doing so was necessary to avoid injustice.
		Missouri courts have shown reluctance in expanding the use of promissory estoppel beyond the lack-of-consideration cases to cases in which promissory estoppel is invoked for the purpose of circumventing the Statute of Frauds.
		The doctrine of promissory estoppel is available in Missouri to overcome some of the harsh effects of the statute, but, in view of judicial aversion to the doctrine and the difficulty of proving its elements, promissory estoppel will seldom be effective in avoiding the Statute of Frauds.
	www.mobar.org /journal/2002/mayjun/luepke.htm (4106 words)

	Henry M. Feiereisen, LLC - Intellectual Properties Services
		The logic of prosecution history estoppel is that the patentee, during prosecution, has created a record that fairly notifies the public that the patentee has surrendered the right to claim particular matter as within the reach of the patent.
		If prosecution history estoppel acts as a complete bar to application of the doctrine of equivalents, both the patentee and the public are on notice as to the scope of protection provided by a claim element narrowed for a reason related to patentability.
		Because prosecution history estoppel acts as a complete bar to the doctrine of equivalents, application of the doctrine of equivalents is barred as to this claim element.
	www.feiereisenllc.com /patents3.html (16873 words)

	[No title]
		Hence, under the doctrine of collateral estoppel as applied through the double jeopardy clause of the Fifth Amendment, the government should be prohibited from re-litigating the issue.
		Collateral estoppel "means simply that when an issue of ultimate fact has once been determined by a valid and final judgement, that issue cannot again be litigated between the same parties in any future lawsuit." Ashe v.
		The government should be precluded from re-litigating this issue under the theory of collateral estoppel as it applies to criminal proceedings through the protection of the double jeopardy clause of the Fifth Amendment.
	www.dcfpd.org /motions/alaska/dismiss/estopp2.htm (1456 words)

	trust estoppel licence part 3
		Mrs Sabherwal’s estoppel interest had come into existence as a fully fledged property interest in the home before any intervention by any court; if it had not, the question of whether it had as such been overreached could not have arisen; or could not have been answered.
		In the case of an estoppel (as in the case of a detrimental reliance trust) it is likely to become necessary to spell out the precise content/extent of the rights contained in the estoppel.
		Nevertheless, the court could I suggest, under the principles of proprietary estoppel, hold the purchaser bound by the arrangement, and order the purchaser (or any subsequent purchaser) either to allow her to continue in occupation or to pay her compensation for loss of her licence.
	www.spr-consilio.com /estoppel3.html (2036 words)

	'THE INFORMANT' MEETS 'THE ESTOPPEL' IN A BATTLE OVER A MILLION STOCK SHARES
		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)

	Essential Estoppels (Site not responding. Last check: 2007-10-20)
		The estoppel letter confirms four basic matters: 1) all terms of the note; 2) the current balance owing; 3) that there are no claims, defenses, rights, or offsets against the note; and 4) that you are relying on the payor’s representations.
		The signed estoppel letter helps to legally "close the payor’s mouth" about some issues, because the payor’s signature is a verification of the terms, conditions and mathematical calculations concerning the note you are buying.
		With an estoppel letter in hand, you may be able to increase your standing as a Holder-in-due-course, an elite legal position.
	www.wallstreetbrokers.com /estoppel.htm (1786 words)

	Promissory estoppel (Site not responding. Last check: 2007-10-20)
		Promissory estoppel is used where, although there may not otherwise be a enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement.
		An example of promissory estoppel is where a foreign student declares that she is unable to return to college because she is unable to raise enough money to cover all the costs especially with textbooks costing so much and I agree to provide her with the necessary textbooks if she returns.
		In this case promissory estoppel substitutes for consideration and we have a binding contract.
	facstaff.gallaudet.edu /marshall.wick/bus447/promissory_estoppel.html (204 words)

	LEASE AGREEMENT REFERENCE GUIDE: LARG 1590 THE HUMBLE ESTOPPEL--MAKING THIRD PARTIES COMFORTABLE ... (Site not responding. Last check: 2007-10-20)
		Pro-landlord estoppels have traditionally contained statements by the tenant confirming the lease’s commencement and expiration dates, the amount of rent payable, the presence of prepaid rent, and security deposit, and the existence of options to purchase, expand or renew in favor of the tenant.
		Commercial tenants only started having problems with the language of estoppels when lenders began “enhancing” the forms with provisions that, from the standpoint of the tenant, were really de facto amendments to the lease.
		The form of such pro-tenant estoppels executed by the landlord was quite similar to that of traditional estoppels executed by the tenant for a sale or loan.
	www.leasingprofessional.com /Newlp/LARG/LRG1590/largs1590.htm (896 words)

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