Estoppel is a legal concept used in common law jurisdictions, which refers to a principle that prevents a person from asserting a claim or right that contradicts or goes against their prior words, conduct, or representations. The purpose of estoppel is to promote fairness and prevent unfairness by preventing someone from changing their position to the detriment of another party, who has relied on their previous words or actions.
Estoppel can arise in various situations, such as in contracts, where a person's words or conduct may create a reasonable expectation in another person, who subsequently acts based on that expectation. In this context, estoppel prevents the person who made the initial representation from later denying the existence or validity of the contract.
There are different types of estoppel, including promissory estoppel and proprietary estoppel. Promissory estoppel occurs when one party makes a clear promise to another party, who relies on that promise and acts to their detriment. In such cases, the promise may be enforced even if it is not supported by consideration.
Proprietary estoppel, on the other hand, arises in relation to property rights. When someone relies on a representation or assurance made by another party regarding their property, and acts to their detriment based on that reliance, estoppel prevents the property owner from denying the other party's rights.
In summary, estoppel is a legal principle that prevents a person from asserting a claim or right that contradicts their prior words, conduct, or representations, in order to maintain fairness and prevent someone from being unfairly disadvantaged.
