noun

estoppel

es-TOP-uhl

Estoppel (noun) means a legal principle that stops a person from making a claim or denial that contradicts what they previously said or did, when someone else has relied on that earlier position to their cost. Example: “The landlord was barred by estoppel from denying the tenancy he had accepted rent for.”

noun

law A legal principle that stops a person from making a claim or denial that contradicts what they previously said or did, when someone else has relied on that earlier position to their cost.

"The landlord was barred by estoppel from denying the tenancy he had accepted rent for."

"Her lawyers argued estoppel, pointing to two years of written assurances."

How to use estoppel

Learner’s notes

In plain EnglishA rule that stops someone denying something they earlier led another person to believe.

When to use it

Strictly legal; it has no general use outside law.

Memory tip

You are 'estopped from' doing something; the verb is used almost only in the passive.

Trace the full origin ↓

Easily confused with

waiver → laches res judicata

Common pairings

promissory estoppel estoppel by conduct raise an estoppel estoppel certificate

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Can you complete this real example?

The landlord was barred by _____ from denying the tenancy he had accepted rent for.

Etymology

From Old French estoupail ('a stopper, bung'), from estoper ('to stop up'), the idea being that a party's own earlier conduct stops their mouth.

Origin: Old French

Synonyms

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preclusion bar

Related words

line bar block measure spoke counter rail ban

Frequently asked questions

What is promissory estoppel?

Promissory estoppel prevents someone from going back on a clear promise when the other person reasonably relied on it and would suffer harm if it were broken. It matters most where there was no formal contract, because it can make an otherwise unenforceable promise binding.

What is the difference between estoppel and a contract?

A contract creates obligations by agreement, usually supported by something given in exchange. Estoppel creates no new bargain; it simply blocks a party from asserting a fact or right that would be unfair given their own earlier words or conduct.

What has to be shown for estoppel to apply?

Broadly, three things: a clear representation, promise or course of conduct; reasonable reliance on it by the other party; and detriment or unfairness if the first party were now allowed to change position. The precise test varies by jurisdiction and by type of estoppel.

What is the meaning of estoppel?

"estoppel" (noun) means a legal principle that stops a person from making a claim or denial that contradicts what they previously said or did, when someone else has relied on that earlier position to their cost.

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