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Estoppel - Law Dictionary Search Results

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waiver

or abandoning a known right, claim, or privilege ;also : the legal instrument evidencing such an act compare estoppel, forfeiture NOTE: Acts or statements made while forming or carrying out a contract may constitute a waiver and

privity

in ] see also predecessor in interest NOTE: A claim may be barred by res judicata or collateral estoppel if the plaintiff's interests are identical, by relationship or subject matter, to those of a party to a

partnership

whose duration is not fixed by contract and that is terminable at will by any partner partnership by estoppel : a partnership created by operation of law when a defendant by words or conduct represents himself or

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identity

identity pl: -ties 1 : sameness of essential character or aspect [collateral estoppel requires of the issues and the parties] 2 a : separate or distinct existence [when movables lose their

former adjudication

the same parties of the same issues or claims upon which a judgment has already been rendered NOTE: Estoppel by judgment and res judicata are the two branches of former adjudication, although res judicata is often used

estop

French estouper, ultimately from Latin stuppa hemp fiber (used for plugging holes)] : to impede or bar by estoppel

equitable adoption

to adopt but no performance of the procedures required by statute for an adoption called also adoption by estoppel

easement

NOTE: Easements appurtenant run with the land and are therefore passed when the property is transferred. easement by estoppel : an easement that is created when the conduct of the owner of land leads another to reasonably

defense

see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in

authority

that the principal's agent has although such authority has not in reality been granted called also authority by estoppel ostensible authority NOTE: A principal is bound by the acts of an agent acting with apparent authority. express

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