Talk:Estoppel

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Contents 1 Discussion 2 Issue estoppel 3 "English and Welsh law" 4 Canadian Law 5 Gah! 6 Sorry 7 Pronunciation 8 Estoppel vs. ESTOP 9 Merge 10 Definitely agree 11 Res Judicata 12 Not sufficiently confident to edit (not a lawyer) but... 13 Estoppel in Partnerships???

[edit] Discussion

I changed the introduction. I think it was not accurate before. I'm still not sure it is 100% but I think it is closer. This page needs a bit of work to be a respectable encyolpeadic article, mainly the intro. Go team! Therin83 12:47, 25 October 2006 (UTC)

Does this page refer only to English law? Does the US law include the concept of Estoppel?

Maybe false advertising? I'm not sure, but then again I'm not a lawyer. Evil saltine 13:53, 17 Dec 2003 (UTC)

Re example of purchase of radio: Don't know US law but (assuming it is similar to English law) would have thought that the since there was no discussion of price the vendor is entitled to change the price. He made no promise re price. He only stated that he would deal with you like any other customer, who would have to pay $11? Also, the promise to deal with you as a customer could not reasonably be expected to induce you to return - many customers do not.?? Questionable example?? 82.35.65.1

Yes, estoppel is present in U.S. law.

The example is not that flawed, except that it is also an example of other issues which makes it cloudy, a better example would be nice, I think best would be ACTUAL case citations, (and a well written synopsis) to replace the examples given.

This article needs a mention of estoppel by acquiescence Pedant 04:21, 13 Aug 2004 (UTC)

[edit] Issue estoppel

What is it? - Issue estoppel (aka collateral estoppel, issue preclusion, estoppel per rem judicatam) is a defence that bars a party from litigating a specific issue that has been decided in a prior separate action.

[edit] "English and Welsh law"

There's no such concept. "English law" rules over "England and Wales" (and I write that as a fervent Welsh nationalist). I've amended the article appropriately — OwenBlacker 19:17, Feb 9, 2005 (UTC)

[edit] Canadian Law

Canadian Law includes the concept of Estoppel. "An estoppel is a doctrine of law which precludes a person from denying the truth of a statement formerly made by him or her or the existence of a series of facts which has caused someone to draw certain logical conclusions." In simpler terms, "An estoppel arises when a person is forbidden by law to speak against their own act or deed. A man's own act or acceptance stops or closes his mouth to prevent him from arguing the opposite."Rcmpsc (talk) 04:03, 8 April 2008 (UTC)

[edit] Gah!

Woul not it be simplest to include a definition of what Estoppel is garnered from Halsburys? I appreciate that such a definition might be esoteric and aracane to the lay person, so clearly a disection of said definition by way of explaining what it really means in simpler language is in order.

[edit] Sorry

I found the language of the article particularly unhelpful for a lay reader so I have substantially rewritten it in the hope of making the concepts a little more accessible — a task that is actually a serious challenge at this length. I sincerely apologise to the original author for hacking it about to such an extent. But I claim no magic pen so this merely passes on the baton to the next mug prepared to invest the time to produce the bestest version possible. - David91

I found this page very useful. - sena30

[edit] Pronunciation

Could a native English speaker add a phonetic transcription and a sound sample? I believe the pronunciation of this word is a bit odd. Karl Stas 15:15, 25 December 2005 (UTC)

Just how it looks: 'eh' - 'stop' (and then an 'l' sound with hardly any vowel in between, like at the end of 'people') Therin83 12:11, 25 October 2006 (UTC)

That's not obvious for a non-native speaker. I always though the stress would have been on the -el. – gpvos (talk) 16:10, 8 May 2007 (UTC)

[edit] Estoppel vs. ESTOP

When I was searching for ESTOP (a common abbreviation for Emergency stop), Wikipedia automatically redirected me to "estoppel". Perhaps a new disambiguation page called "ESTOP" should be made, with links to both "Estoppel" and "Emergency Stop".

Done. – gpvos (talk) 16:07, 8 May 2007 (UTC)

[edit] Merge

Estoppel (English law) is nearly identical to this article. Probably one has been split off from the other, and both versions have diverged. This is not useful; someone should merge them back, and list only the peculiarities of estoppel under English law as a section or maybe a separate article. – gpvos (talk) 16:07, 8 May 2007 (UTC)

[edit] Definitely agree

Nothing is gained by having a separate English Law version of this article. Dratman (talk) 23:34, 19 February 2008 (UTC)

[edit] Res Judicata

I believe that (in American Law at least) Res Judicata is separate from Issue Estoppel. Issue Estoppel (issue preclusion) prevents a party from re-litigating an issue (even against a different party). Res Judicata (claim preclusion) prevents the same parties from re-litigating a claim. The requirements for each are different. —Preceding unsigned comment added by User:216.146.79.58 (talk • contribs) 15:31, 12 June 2007

Definitely different issues. Res judicata and the rule in Henderson v Henderson represent a very distinct sub-species of estoppel, and they are partly driven by estoppel and partly driven by rules of public policy. Definitely should be treated separately for the purposes of Wikipedia articles. --Legis (talk - contribs) 15:51, 12 June 2007 (UTC)

Cleaned up and removed reference to Double Jeopardy as well.

[edit] Not sufficiently confident to edit (not a lawyer) but...

"The defendant has done or said something to induce an expectation The plaintiff relied (reasonably) on the expectation... ...and would suffer detriment if that expectation were false."

If estoppel is shield and not sword, shouldn't the plaintiff have induced the expectation on which the defendant has relied? Durobrivan 20:59, 5 July 2007 (UTC)

In American law, Section 90 of the Restatement (Second) of Contracts is based on the established doctrine of promissory estoppel:

Section 90. Promise Reasonably Inducing Action of Forbearance 1)A promise which the promisor should reasonably expect to induce action of forbearance on the part of the promisee or a third person and which does induce such action of forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice so requires. -signed, a law student

[edit] Estoppel in Partnerships???

Does anyone know how a business partnership is created by/through an estoppel?? Thanks. —Preceding unsigned comment added by Evryedge (talk • contribs) 20:29, 11 December 2007 (UTC)