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Estoppel by convention in English law (also known as estoppel by agreement) occurs where two parties negotiate or operate a contract but make a mistake. If they share an assumption, [36] belief, or understanding of the contract's interpretation or legal effect, then they are bound by it, if: [citation needed]
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]
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.
Judicial estoppel is a doctrine that may apply in matters involving closed bankruptcies, wherein the former debtor attempts to lay claim to an asset that was not disclosed on the bankruptcy schedules. In an early U.S. articulation of the doctrine, the United States Supreme Court, in First National Bank of Jacksboro v.
Methods of the estoppel can be by words, by conduct, or by negligence. Estoppel by words, or representation by the original owner through words that he is the true owner or has the owner's authority to sell: Henderson & Co v Williams [1895] 1 QB 521; Shaw v Commissioner of Metropolitan Police [1987] 1 WLR 1332, following Henderson; Estoppel by ...
Estoppel is a common law doctrine which, when it applies, prevents a litigant from denying the truth of what was said or done. [1] The doctrine of estoppel by deed (also known as after-acquired title) is a particular estoppel doctrine in the context of real property transfers. Under the doctrine, the grantor of a deed (generally the seller of a ...
The goal of direct estoppel is to prevent a party from litigating the same cause of action or motion without having new legal or factual issues. [8] Direct estoppel is a judicial procedure instrument that "provide[s] a minimum level of preclusion below which the federal procedural system may not fall without running afoul of the Reexamination ...
Legal jurisdictions which provide for apparent authority include the United States, the United Kingdom, Australia, Canada and South Africa.The doctrine of apparent authority is based on the concept of estoppel, thus, it prevents the principal from denying the existence of agency to a third party, provided that a representation, as to the agent's authority, has been made by him to the third ...