Search results
Results From The WOW.Com Content Network
Estoppel forms part of the rules of equity, which were originally administered in the Chancery courts. Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e.g. words said or actions performed) which is different from an earlier set of facts.
There is no principle of estoppel in European civil law. [42] Instead, the coherence principle is followed, which has the equivalent effect of prohibiting inconsistent conduct. The Lex Mercatoria, a medieval body of commercial law, included the principle Nemo potest venire contra factum proprium, "no one can come against their own acts". This ...
Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). [2] Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the ...
doctrines of promissory estoppel and equitable estoppel; prohibited for a party to act in such a way that contradicts a previous act of his own on which the other party relied, thus causing a detriment to the latter. Nemo potest facere per alium quod per se non potest: No one can do through another what he cannot do himself. nihil dicit: He ...
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
The doctrine of direct estoppel prevents a party to litigation from relitigating an issue that was decided against that party. [1] Direct estoppel and collateral estoppel are part of the larger doctrine of issue preclusion. [2] Issue preclusion means that a party cannot litigate the same issue in a subsequent action. [3]
A beverage company's secret recipe. An innovative manufacturing process. A social media platform's proprietary feed algorithm. A sales team's closely guarded customer list.
Legal estoppel is a principle of law, particularly United States patent law, that an assignor or grantor is not permitted subsequently to deny the validity of title to the subject matter of the assignment or grant.