!-- Google Tag Manager (noscript) -->

Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

implied license by equitable estoppel

Read a random definition: namare

A quick definition of implied license by equitable estoppel:

An implied license by equitable estoppel is a permission given to someone to do something that would normally be illegal, based on the actions or behavior of the owner of the property. This type of license is not written down or agreed upon, but is instead implied by the circumstances. For example, if a property owner allows someone to use their land for a certain purpose and then later tries to stop them, the person may be able to argue that they have an implied license by equitable estoppel to continue using the land.

A more thorough explanation:

An implied license by equitable estoppel is a type of permission, usually revocable, that arises from a property owner's conduct regarding another person's use of the property even though the owner has not expressly consented to the property's use. This type of license is based on the principle of equitable estoppel, which means that a person is prevented from denying or asserting something contrary to what they previously represented or allowed.

For example, if a property owner allows their neighbor to use a portion of their land for a garden for many years without objection, the neighbor may have an implied license by equitable estoppel to continue using the land for that purpose. If the property owner suddenly revokes the license and tries to stop the neighbor from using the land, the neighbor may be able to argue that they relied on the property owner's conduct and representation that they could use the land, and therefore, the property owner is estopped from denying the license.

Another example is in patent law. If a patent owner encourages the manufacture of infringing products, they may be estopped from later asserting their patent rights against the manufacturer, and the manufacturer may have an implied license by equitable estoppel to use the patent.

implied license by conduct | implied license by legal estoppel

Warning

Info

General

General chat about the legal profession.
main_chatroom
๐Ÿ‘ Chat vibe: 0 ๐Ÿ‘Ž
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.