Template:Estoppel: Difference between revisions
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== Estoppel == | == Estoppel == | ||
Estoppel is the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination. | [[Estoppel]] is the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination. | ||
Government agencies are not be entitled to less stringent estoppel criteria. | Government agencies are not be entitled to less stringent estoppel criteria. | ||
Lovell Mfg. v. Export-Import Bank of United States, 777 F.2d 894, 901 (3d Cir. 1985)). | Lovell Mfg. v. Export-Import Bank of United States, 777 F.2d 894, 901 (3d Cir. 1985)). | ||
Latest revision as of 08:52, 5 September 2021
Estoppel
Estoppel is the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination. Government agencies are not be entitled to less stringent estoppel criteria. Lovell Mfg. v. Export-Import Bank of United States, 777 F.2d 894, 901 (3d Cir. 1985)).
Under the law of estoppel, "silence" implies knowledge and an opportunity to act upon it. Pence v. Langdon, 99 U.S. 578, 581, 25 L.Ed. 420. (1878)
Estoppel is applied against wrongdoers and not against victims. Appalachian Inc. v. Olson, 468 So.2d 266, 269 (Fla. 2d DCA 1985).
Acquiescence in acts of an agent, or one who has assumed that character, equivalent to an express authority.
2 Bouv. Inst. n. 1309; Kent, Com. 478; Story on Eq. S 255; 4 W.C.C.R. 559; 6 Mass. R. 193; 1 John. Cas. 110; 2 John. Cas. 424; Liv. on Ag. 45; Paley on Ag. by Lloyd, 41; 3 Pet. R. 69, 81; 12 John. R. 300; 3 Cowen's R. 281; 3 Pick. R. 495, 505.
"Estoppel by Conduct - An estoppel exists where a man by his own acts or acceptance is concluded from saying the truth."
Menzenberger v. American State Bank, 101 Ind.App. 600, 198 N.E. 819. See, also, Equitable Estoppel. Blacks law 4th pg 367
The Court cannot go behind them, revise them, disregard them, or set them aside. Where parties consent, even though their own silence, then they bind the Court; where they do not, or cannot consent, the Court binds them.
Conventio vincit legem. See: Benigne facienda sunt interpretationes chartarum, ut res tnagis valeat quam pcreat.