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equitable estoppel

Posted on: 13th Nov, 2006 09:55 am
what is meant by equitable estoppel, thanks
Hi Ren,

Equity and good conscience sometimes require that the title of the property be transferred if justice is to be done. The former owner is estopped from denying the title of the innocent claimant.

Let me give you an example to explain it better. If an owner permits a friend to appear to all to be the owner of a certain property and afterward any third party buys the property from that apparent owner then the true owner is barred by the doctrine of equitable estoppel from claiming ownership.

Posted on: 13th Nov, 2006 10:07 am
Ren, also if a person has no title or rather a defective title or an estate smaller than the one purported to be conveyed, but later acquires full title or estate, or perfects the title, then the grantee (or grantee's successor) gets the after-acquired title by way of estoppel.

Posted on: 13th Nov, 2006 10:25 am
Hi Ren,

Equitable Estoppel is a legal principal that prevents a party from taking a different position in trial than she has taken previously. This prevention is applicable only when the change in position can affect the other person harmfully.

We can consider the case of a creditor and debtor in which the former may inform the latter that he has forgiven the debt. Now if the creditor changes his mind, he may be estopped from collecting the debt even though the contract is not yet over.


Posted on: 14th Nov, 2006 12:08 am
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