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estoppel    
n. 禁止反言,禁止,防止

禁止反言,禁止,防止

estoppel
n 1: a rule of evidence whereby a person is barred from denying
the truth of a fact that has already been settled

Estoppel \Es*top"pel\, n. [From {Estop}.] (Law)
(a) A stop; an obstruction or bar to one's alleging or
denying a fact contrary to his own previous action,
allegation, or denial; an admission, by words or conduct,
which induces another to purchase rights, against which
the party making such admission can not take a position
inconsistent with the admission.
(b) The agency by which the law excludes evidence to dispute
certain admissions, which the policy of the law treats as
indisputable. --Wharton. --Stephen. --Burrill.
[1913 Webster]

ESTOPPEL, pleading. An estoppel is a preclusion, in law, which prevents a
man from alleging or denying a fact, in consequence o his own previous act,
allegation or denial of a contrary tenor. Steph. Pl. 239. Lord Coke says,
"an estoppel is, when a man is concluded by his own act or acceptance, to
say the truth." Co. Litt. 352, a. And Blackstone defines "an estoppel to be
a special plea in bar, which happens where a man has done some act, or
executed some deed, which estops or precludes him from averring any thing to
the contrary. 3 Cora. 308. Estoppels are odious in law; 1 Serg. & R. 444;
they are not admitted in equity against the truth. Id. 442. Nor can jurors
be estopped from saying the truth, because they are sworn to do so, although
they are estopped from finding against the admission of the parties in their
pleadings. 2 Rep. 4; Salk. 276; B. N. P. 298; 2 Barn. & Ald. 662; Angel on
Water Courses, 228-9. See Co. Litt. 352, a, b, 351, a. notes.
2. An estoppel may, arise either from matter of record; from the deed
of the party; or from matter in Pays; that is, matter of fact.
3. Thus, any confession or admission made in pleading, in a court of
record, whether it be express, or implied from pleading over without a
traverse, will forever preclude the party from afterwards contesting the
same fact in any subsequent suit with his adversary. Com. Dig. Estoppel, A
1. This is an estoppel by matter of record.
4. As an instance of an estoppel by deed, may be mentioned the case of
a bond reciting a certain fact. The party executing that bond, will be
precluded from afterwards denying in any action brought upon that
instrument, the fact, so recited. 5 Barn. & Ald. 682.
5. An example of an estoppel by matter in pays occurs when one man has
accepted rent of another. He will be estopped from afterwards. denying, in
any action, with that person, that he was, at the time of such acceptance,
his tenant. Com. Dig. Estoppel, A 3 Co. Litt. 352, a.
6. This doctrine of law gives rise to a kind of pleading that is
neither by way of traverse, nor confession. and avoidance: viz. a pleading,
that, waiving any question of fact, relies merely on the estoppel, and,
after stating the previous act, allegation, or denial, of the opposite
party, prays judgment, if he shall be received or admitted to aver contrary
to what he before did or said. This pleading is called pleading by way of
estoppel. Steph. 240a
7. Every estoppel ought to be reciprocal, that is, to bind both
parties: and this is the reason that regularly a stranger shall neither take
advantage or be bound by an estoppel. It should be directly affirmative, and
not by inference nor against an estoppel. Co. Lit. 352, a, b; 1 R. 442-3; 9
Serg. & R. 371, 430; 4 Yeates' 38 1 Serg. & R. 444; Corn. Dig. Estoppel, C 3
Johns. Cas. 101; 2 Johns. R. 382; 8 W. & S. 135; 2 Murph. 67; 4 Mont. 370.
Privies in blood, privies in estate, and privies in law, are bound by, and
may take advantage of estoppels. Co. Litt. 352; 2 Serg. & Rawle, 509; 6 Day,
R. 88. See the following cases relating to estoppels by; Matter of record: 4
Mass. R. 625; 10 Mass. R. 155; Munf. R. 466; 3 East, R. 354; 2 Barn. & Ald.
362, 971; 17 Mass. R. 365; Gilm. R. 235; 5 Esp. R. 58; 1 Show. 47; 3 East,
R. 346. Matter of writing: 12 Johns. R. 347; 5 Mass. R. 395; Id. 286; 6
Mass. R. 421; 3 John. Cas. 174; 5 John. R. 489; 2 Caines' R. 320; 3 Johns.
R. 331; 14 Johns. R. 193; Id. 224; 17 Johns. R. 161; Willes, R. 9, 25; 6
Binn. R. 59; 1 Call, R. 429; 6 Munf. R. 120; 1 Esp. R. 89; Id. 159; Id. 217;
1 Mass. R. 219. Matter in pays: 4 Mass. R. 181; Id. 273 15 Mass. R. 18; 2
Bl. R. 1259; 1 T. R. 760, n.; 3 T. R. 14; 6 T. R. 62; 4 Munf. 124; 6 Esp. R.
20; 2 Ves. 236; 2 Camp. R. 844; 1 Stark. R. 192. And see, in general, 10
Vin. Abr. 420, tit. Estoppel; Bac. Abr. Pleas, 111; Com. Dig. Estoppel; Id.
Pleader, S 5; Arch. Civ. Pl. 218; Doct. Pl. 255; Stark. Ev. pt. 2, p. 206,
302; pt. 4, p. 30; 2 Smith's Lead. Cas. 417-460. Vide Term.

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英文字典中文字典相關資料:
  • Estoppel - Wikipedia
    Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word The person barred from doing so is said to be "estopped" [1][2] Estoppel may prevent someone from bringing a particular claim
  • Estoppel: Definition, How It Works, and History - Investopedia
    What Is Estoppel? Estoppel is a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously agreed to or said
  • estoppel | Wex | US Law | LII Legal Information Institute
    Estoppel is an equitable doctrine, a bar that prevents one from asserting a claim or right that contradicts what one has said or done before, or what has been legally established as true Estoppel may be used as a bar to the re-litigation of issues or as an affirmative defense
  • Estoppel - Definition, Meaning, Examples, Processes
    When a court determines a party has done, or is attempting to do something, that should be prevented or “stopped,” it issues an order of estoppel The party is then said to be “estopped” from taking that action, such as presenting the related evidence, or from making a particular argument
  • ESTOPPEL Definition Meaning - Merriam-Webster
    The meaning of ESTOPPEL is a legal bar to alleging or denying a fact because of one's own previous actions or words to the contrary How to use estoppel in a sentence
  • Estoppel: Legal Definition, Types of Estoppel, Reliance and Detriment
    Estoppel is a cornerstone of equitable jurisprudence, promoting fairness and preventing injustice It embodies the principle that one’s actions or statements can carry weight beyond their immediate effect, particularly when others have relied upon them
  • What is Estoppel in Simple Terms? A Beginners Guide
    Estoppel, a cornerstone principle in legal proceedings, is designed to uphold fairness and accountability by preventing parties from contradicting their previous statements or actions, especially when others have relied on them
  • estoppel Definition, Meaning Usage | Justia Legal Dictionary
    estoppel - A legal principle that prevents a person from denying or contradicting a claim or right against another person that was previously admitted or established
  • Estoppel legal definition of estoppel
    Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel)
  • Estoppel: Understanding Its Legal Definition and Types | US Legal Forms
    Explore the legal definition of Estoppel, its types, and how it impacts rights and obligations in various situations Learn more about this crucial doctrine





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