estoppel

(redirected from Detrimental reliance)
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Related to Detrimental reliance: Equitable estoppel, Promissory estoppel

es·top·pel

 (ĕ-stŏp′əl)
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.]

estoppel

(ɪˈstɒpəl)
n
(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]

es•top•pel

(ɛˈstɒp əl)

n.
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
Translations

estoppel

n (Jur) → rechtshemmender Einwand
References in periodicals archive ?
Other risks and uncertainties that may cause Ballard's actual results to be materially different include general economic and regulatory changes, detrimental reliance on third parties, successfully achieving our business plans and achieving and sustaining profitability.
These statements involve risks and uncertainties that may cause Ballard's actual results to be materially different, including general economic and regulatory changes, detrimental reliance on third parties, successfully achieving our business plans and achieving and sustaining profitability.
One exception is so-called detrimental reliance (sometimes called promissory estoppel).
For example, if the insurance professional made representations about services on a website and if the client establishes reasonable and detrimental reliance on those representations, the insurance professional may be held liable for failing to fulfill those promises.
1998) [which] held that there is no requirement of 'actual, detrimental reliance' in RICO mail fraud cases.
"It affects pleadings and proof, and will leave some injured parties without recourse despite their detrimental reliance, a fact that Justice McCullough points out in his conclusion," he said.
1954) (execution of contracts for construction of hospital, binding the charity, was sufficient detrimental reliance).
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. (36)
Lowenfeld) in the US District Court for the Eastern District of New York--against the same plaintiffs in the Southern District action: Haaretz, Maariv Modiin and the Publication Group, Inc., as well as their lawyers, seeking $158 million in damages alleging unjust enrichment, detrimental reliance, breach of contract, antitrust and RICO violations, abuse of process, malicious prosecution, tortious interference with contract, fraud, conversion, breach of contract, civil racketeering and antitrust violations.
(Asher, 377 F.3d at 731--33.) 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.