"Estoppel by" is a legal term referring to a legal bar or restriction from asserting a claim or defense in a legal proceeding. The spelling of "estoppel by" is /ɛ'stɑpəl baɪ/. The first syllable is pronounced with a short "e" sound as in "bed", followed by "stop" with a short "o" sound as in "not". The second syllable is pronounced with a long "a" sound as in "bay". It is important to spell and pronounce legal terms accurately in order to understand their precise meanings and implications.
Estoppel by definition is a legal principle that prevents a person from asserting a right or making a claim that contradicts their previous actions or statements. The concept of estoppel by is typically used to prevent a party from denying a fact that they previously acknowledged or acted upon and on which others have relied in a legal context.
When referring to "estoppel by," it is necessary to specify the type of estoppel being discussed. There are different forms of estoppel, such as estoppel by deed, estoppel by representation, and estoppel by silence, each with its specific characteristics and applications.
"Estoppel by" is used as a prefix to denote the particular form of estoppel being referred to. For example, "estoppel by deed" refers to a situation where a person is prevented from denying the validity or effect of a deed they previously executed. Similarly, "estoppel by representation" applies when a person is estopped from asserting a different version of facts or denying prior statements they made.
The prefix "estoppel by" clarifies the nature and specific circumstances under which the principle of estoppel is being invoked. It highlights the particular type of conduct, action, or statement that is being challenged or relied upon, thereby restricting a party from contradicting their previous position. By using this prefix, the legal framework surrounding the principle of estoppel becomes more refined and focused, ensuring that it is applied correctly and accurately within the appropriate context.
The term "estoppel by" originates from English law, specifically within the field of contract law. The word "estoppel" comes from the Old French term "estouper", meaning to stop up or to prevent. It refers to a legal doctrine that prevents someone from denying the truth of a statement or from revoking their previous actions or conduct.
The word "by" in this context indicates the manner of which the estoppel is created. It signifies the particular circumstances or facts that give rise to the estoppel. For example, "estoppel by deed" refers to a situation where a person is prevented from denying the validity or effect of a deed that they have executed.
Overall, "estoppel by" is a legal expression used to indicate the various ways in which estoppel can come into effect within different situations or contexts.