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LSDefine

Simple English definitions for legal terms

representation, estoppel by

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A quick definition of representation, estoppel by:

Representation, estoppel by, is a legal concept that prevents someone from making a claim or denying a fact that contradicts what they have previously said or done. It can also prevent the relitigation of issues and be used as a defense alleging good-faith reliance on a misleading representation. There are different types of estoppel, including equitable estoppel, estoppel by deed, and promissory estoppel. The doctrine of estoppel is flexible and can be applied in various situations, such as patents and contracts.

A more thorough explanation:

Representation, estoppel by is a legal concept that prevents someone from making a claim or assertion that contradicts what they have previously said or done, or what has been established as true by law. It can also prevent the relitigation of issues. There are different types of estoppel, including:

  • Equitable estoppel: This prevents someone from taking unfair advantage of another person by inducing them to act in a certain way through false language or conduct. For example, if a landlord promises to fix a leaky roof but fails to do so, the tenant may be able to claim equitable estoppel if they relied on that promise and suffered harm as a result.
  • Estoppel by deed: This prevents a party to a deed from denying anything recited in that deed if they induced another to accept or act under the deed. For example, if a seller of a property signs a warranty deed stating that they have title to the property, they cannot later deny that they had title at the time of the transfer.
  • Promissory estoppel: This allows a promise made without consideration to be enforced if the promisor should have reasonably expected the promisee to rely on the promise and if the promisee did actually rely on the promise to their detriment. For example, if an employer promises an employee a bonus for meeting certain performance goals, the employee may be able to claim promissory estoppel if they met the goals but did not receive the bonus.

These examples illustrate how estoppel can be used to prevent someone from going back on their word or taking advantage of another person's reliance on their actions or statements.

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