estoppel

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Related to estoppels: SNDA

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 ?
This provides for a relatively straightforward analysis and strategy regarding potential estoppels before filing the CBM.
An experienced litigator with more than 20 years of trial and appellate experience, Counts defends newspapers, websites, television stations, businesses and individuals in libel matters, as well as breach of contract, invasion of privacy, fraud and promissory estoppels cases.
115) The title 'promissory estoppel' has since been adopted in United States jurisprudence--it is not used in the Restatements--to differentiate estoppels relating to assumptions of fact and those relating to promises or assurances as to future conduct.
Some courts reject the application of collateral estoppels as to prior workers' compensation rulings, believing that the procedure varies too much from a civil trial.
There are multiple types of estoppels and those based in equity are a much different legal creature than those available at law.
English law contains an important requirement that both cause of action and issue estoppels apply not only to points that have actually been decided but also to points "which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.
Chapters cover the issues surrounding ground leases, the case law that governs them, model ground leases, possible approaches to leasehold mortgagee protections, model construction and development provisions, model language used in a leasehold mortgage, memoranda of lease, landlord estoppels, and a ground lease review checklist.
In a leased property, obtaining estoppels on a proper form and examining them closely will reveal volumes about the tenants' expectations.
We prepared and negotiated the purchase and sale agreement, negotiated with the various franchise companies (Marriott Hotels, InterContinental Hotels and Carlsen Hotels), prepared and negotiated the assignments of ground lease and ground lease estoppels, oversaw the defeasance process and got the entire deal closed with a little over one month from the execution of the purchase and sale agreement.
Since the principled exception is merely an application of the principles of estoppel, then plaintiffs should be able to use it as a sword when estoppels generally are allowed to be used as a sword.
The deposits are non-refundable except if consents to the assumption of mortgages, third party financing commitments or estoppels are not obtained with respect to certain of the properties to be acquired under the Sale Contract or if certain other contingencies occur.
The Whitehall/Zamias transaction is contingent upon, among other things, the consent of First Union's beneficiaries, the existing mortgage lender's and rating agency approval of mezzanine financing and of the assumption of the existing mortgage debt by Whitehall/Zamias, the receipt of certain tenant and ground lease estoppels and the clearance of certain title objections.