Direct Estoppel - Law Dictionary Search Results
Home Dictionary Name: direct estoppeldirect estoppel
direct estoppel see estoppel ...
estoppel
estoppel [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop ] 1 : a bar to the use of contradictory words or acts in asserting a claim or right against another ;esp : equitable estoppel in this entry compare waiver equitable estoppel : an estoppel that prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her loss called also estoppel in pais NOTE: Traditionally equitable estoppel required that the original position was a misrepresentation which was being denied in the new position. Some jurisdictions retain the requirement of misrepresentation. estoppel by deed : an estoppel precluding a person from denying the truth of any matter that he or she asserted in a deed esp. regarding his or her title to the property compare after-acquired title a...
res judicata
res judicata [Latin, judged matter] 1 : a thing, matter, or determination that is adjudged or final: as a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute b : a judgment, decree, award, or other determination that is considered final and bars relitigation of the same matter [the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint "Southeast Mortg. Co. v. Sinclair, 632 So. 2d 677 (1994)"] ;also : the barring effect of such a determination 2 : a principle or doctrine that generally bars relitigation or reconsideration of matters determined in adjudication [the doctrine of res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal "Stowers v. State, 657 N.E.2d 194 (1995)"]: as a : a broad doctrine in civil litigation that requires and includes ...
Estoppel
Estoppel, a conclusive admission, which cannot be denied. It is of three kinds:-(1) By matter of record, which imports such absolute and incontrovertible verity, that no person against whom it is producible shall be permitted to aver against it. A record concludes the parties thereto, and their privies, whether in blood, in law, or by estate, upon the point adjudged, but not upon any matter collateral or adjudged by inference, A judgment in an action in rem is absolutely binding upon all the world.A conviction on the same facts is no estoppel in a civil action because the parties are not the same, Palace Shipping Co. v. Caine, 1907 AC 386.(2) By deed. No person can be allowed to dispute his own solemn deed, which is therefore conclusive against him, and those claiming under him, even as to the facts recited in it. The general rule is that an indenture estops all who are parties to it, while a deed-poll only estops the party who executesit, since it is his sole language and act, Shep. T...
Issue estoppel, res judicata
Issue estoppel, res judicata, there is a distinction between 'issue estoppel' and 'res judicata'. Res judicata debars a court from exercising its jurisdiction to determine thelis if it has attained the finality between the parties whereas the doctrine issue estoppel is invoked against the party, if such an issue is decided against him, he would be estopped from raising the same in the latter proceeding the doctrine of res judicata creates a different kind of estoppel viz., estoppel by accord, Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787 (798) (Civil PC 1908, s. 11]...
estoppel by verdict
estoppel by verdict :estoppel by judgment at estoppel ...
Cause of action estoppel
Cause of action estoppel, a cause of action estoppel arises where in two different proceedings identical issues are raised, in which event, the latter proceedings between the same parties shall be dealt with similarly as was done in the previous proceedings. In such event the bar is absolute in relation to all points decided save and except allegation of fraud and collusion, Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787 (798). (Civil Procedure Code, 1908, s. 11)Cause of action estoppel, arises where the cause of action in the later proceedings is identical to that in the earlier proceedings, the latter having been litigated between the same parties or their privies and having involved the same subject-matter. Ishwar Dutt v. Land Acquisition Collector, (2005) 7 SCC 190....
Estoppel and waiver
Estoppel and waiver, Waiver is distinct from estoppel in that in waiver the essential element is actual intent to abandon or surrender right, while in estoppel such intent is immaterial, Provash Chandra Dalui v. Biswanath Banerjee, 1989 Supp (1) SCC 487: AIR 1989 SC 1834: (1989) 2 SCR 401....
Promissory estoppel
Promissory estoppel, in order to invoke the doctrine of promissory estoppel it is enough to show that the promise has, acting in reliance on the promise, altered his position and it is not necessary for him to further show that he has acted to his detriment, Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh, AIR 1979 SC 621: (1979) 2 SCC 409: (1979) 2 SCR 641.Means as an estoppels which arises when there is a promise which promisor should reasonable expect to induce action or forbearance of a definite and substantial character on the part of promisee, and which does induce such action or forbearance, and such promise is binding if injustice can be avoided only by enforcement of promise, Black's Law Dictionary; Ashok Kumar Maheshwari v. State of Uttar Pradesh, (1998) 2 SCC 502....
collateral estoppel
collateral estoppel see estoppel ...
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