See also:rule in the
See also:law of evidence by which a party in litigation is prohibited from asserting or denying something, when such assertion or denial would be inconsistent with his own previous statements or conduct .
See also:Estoppel is said to arise in three ways—(r) by record or
See also:judgment, (2) by deed, and (3) by
See also:matter in pais or conduct . (1) Where a cause of
See also:action has been tried and final judgment has been pronounced, the judgment is conclusive—either party attempting to renew the litigation by a new action would be estopped by the judgment . " Every judgment is conclusive
See also:proof as against parties and privies, of facts directly in issue in the case, actually decided by the
See also:court, and appearing from the judgment itself to be the ground on which it was based."—Stephen's
See also:Digest of the Law of Evidence,
See also:Art . 41 . (2) It is one of the privileges of deeds as distinguished from
See also:simple contracts that they operate by way of estoppel . " A man shall always be estopped by his own deed, or not permitted to aver or prove anything in contradiction to what he has once so solemnly and deliberately avowed " (
See also:Blackstone, 2 Corn . 295); e.g. where a bond recited that the defendants were authorized by acts of parliament to
See also:money, and that under such authority they had borrowed money from a certain
See also:person, they were estopped from setting up as a defence that they did not in fact so borrow money, as stated by their deed . (3) Estoppel by conduct, or, as it is still sometimes called, estoppel by matter in pais, is the most important
See also:head . The rule practically comes to this that, when, a person in his dealings with others has acted so as to induce them to believe a thing to be true and to
See also:act on such belief, he may not in any proceeding between himself and them deny the thing to be true: e.g. a partner retiring from a
See also:firm without giving
See also:notice to the customers, cannot, as against a customer having no knowledge of his retirement, deny that he is a partner . As between landlord and
See also:tenant the principle operates to prevent the denial by the tenant of the landlord's title . So if a person comes upon
See also:land by the licence of the person in possession, he cannot deny that the licenser had a title to the possession at the
See also:time the licence was given .
Again, if a man accepts a
See also:bill of
See also:exchange he may not deny the signature or the capacity of the drawer . So a person receiving goods as baillee from another cannot deny the title of that other to the goods at the time they were entrusted to him . Estoppel of whatever kind is subject to one general rule, that it cannot override the law of the land; for example, a corporation would not be estopped as to acts which are ultra vires . See L . F . Everest and E . Strode, The Law of Estoppel; M . Cababe, Principles of Estoppel .
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