Estoppel by record Estoppel by conduct

Introduction Estoppel is a legal principle that prevents a party from denying or alleging a certain fact owing to that party’s earlier allegation, conduct or denial. Estoppel is a rule of civil action which prohibits a person, who by his statement or conduct caused other person to act in away he would not have otherwise acted in the absence of such statement or conduct, to deny his statement to justify of the other person who acted up on such statement

Principles guide estoppel Estoppel binds parties of the dispute Estoppel can not be used to circumvent the law Estoppel should be precise, clear and unambiguous It is immaterial that representor beliefs it to be true or false It should be fact existing in the past or at the time of making statement or conduct

Estoppel by record It refers estoppel arising from judgment entered by a court of competent jurisdiction, when the time of appeal elapses the judgment will be taken as was rightly made. Finality of the litigation No one should be sued twice on the same ground.

Categories of estoppel by record Cause of action estoppel: this is based on the course of action has been dealt with on a judgment and the parties to the action will be prevented from asserting or denying as against what was found, no revision of same issue would be allowed Issue estoppel: when a particular fact or Issue has been determined on merit by the court, issue estoppel applies.

Estoppel by conduct Estoppel by deed (i.e. signed document) Estoppel by representation (i.e. words or conduct) Promissory estoppel (tenant lease, different circumstances) Estoppel by negligence (contract or agency)

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