Estoppel in pais is a legal term that refers to a type of estoppel based on conduct or actions. The word is spelled /ɪˈstɑpəl ɪn peɪs/ in IPA phonetic transcription. The first part, "estoppel," is pronounced with the short "i" sound followed by stress on the second syllable. The second part, "in pais," is pronounced with stress on the first syllable of "pais," which is pronounced like "pace" with an "s" at the end. This term is often used in common law countries, such as the United States and the United Kingdom, to prevent someone from denying facts that they had previously accepted or implied.
Estoppel in pais is a legal doctrine that prevents a person from asserting a claim or defense that is contradictory to their previous actions or conduct outside of a formal legal proceeding. It is an equitable concept that focuses on the principle of fairness and preventing injustice.
In simpler terms, estoppel in pais means that if a person acts in a way that leads another person to believe something, they cannot later deny or contradict that belief if it would cause harm or injury to the other person who relied on those actions or statements. This doctrine is often applied when there is no written contract or formal agreement between the parties involved.
For example, if a landlord consistently accepts rent payments from a tenant, even though the lease has expired, the landlord may be estopped from later claiming that the tenant is trespassing or demanding eviction. The landlord's acceptance of rent creates a reasonable expectation in the tenant that they have the right to remain on the premises.
Estoppel in pais is also known as equitable estoppel or estoppel by conduct. It is a flexible and discretionary doctrine, allowing courts to consider the specific circumstances of each case and determine if it would be fair and just to prevent a party from contradicting their previous actions or representations.