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Related to Detrimental reliance: Equitable estoppel, Promissory estoppel


n. Law
A bar that prevents a person from presenting evidence contradicting a certain established fact.

[Obsolete French estouppail, from Old French estouper, to stop up, from Vulgar Latin *stuppāre; see stop.]


(Law) law a rule of evidence whereby a person is precluded from denying the truth of a statement of facts he has previously asserted. See also conclusion
[C16: from Old French estoupail plug, from estoper to stop up; see estop]


(ɛˈstɒp əl)

a legal bar that prevents a person from asserting a claim or fact that is inconsistent with a position that the person has previously taken.
[1575–85; < Middle French estoupail stopper]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.estoppel - a rule of evidence whereby a person is barred from denying the truth of a fact that has already been settled
rule of evidence - (law) a rule of law whereby any alleged matter of fact that is submitted for investigation at a judicial trial is established or disproved


n (Jur) → rechtshemmender Einwand
References in periodicals archive ?
Reading between the lines, this appears to be a result-oriented decision in which the appellate court avoided an analysis based on equitable principals of estoppel because it was constrained by the lower court's factual determination that there was no detrimental reliance.
Again, the voluntary assumption of the responsibility and the injured person's detrimental reliance on that undertaking, constitute the foundation of liability.
The Brock court found no detrimental reliance on the employer's representations, and did not hold the employer responsible for continued coverage.
The case turned on whether Prentice had actually developed a detrimental reliance on the stolen funds.
35) The court also eased the plaintiffs burden of proof in establishing a claim under the theory of apparent agency, specifically with regard to proving detrimental reliance.
The same reasoning would not, however, apply to a traditional theory of detrimental reliance, which would have to include allegations that the plaintiff actually read a defendant-issuer's forward-looking statement (sans cautionary language) and relied on the truth of that statement when buying securities.
The Judge made the point that the estoppel claim would succeed if the plaintiff could establish with sufficient certainty the alleged representation, detrimental reliance and what the deceased did was unconscionable.
In the context of the opinion, the cited phrase "simply means that harm may result even without detrimental reliance on plan documents.
This directly contravenes basic contract law, which establishes that waiver depends on the intent of the waiving party rather than on whether there is detrimental reliance by the opposing party.
Finding no evidence of any material misrepresentations by Jackson National or detrimental reliance by Ms.
XYZ), Guidry's hypothetical errors and omissions insurer, claiming damages for breach of fiduciary duty, fraud, negligence, detrimental reliance, payment of a thing not owed, and violation of the Louisiana Unfair Trade Practices Act (LUTPA).
PS Products is suing JM-Ark for fraud, breach of contract, misrepresentation and detrimental reliance.