See also:

• ESTOPPEL (from O. Fr. estopper, to stop, bar; estoupe, mod. etoupe, a plug of tow; Lat. stuppa)

ESTOPPEL (from O. Fr. estopper, to stop, See also:

• BAR
• BAR (0. Fr. barre, Late Lat. barra, origin unknown)
• BAR, CONFEDERATION OF
• BAR, FRANCOIS DE (1538-1606)
• BAR, THE

bar; estoupe, mod. etoupe, a plug of See also:

• TOW

tow; See also:

• LAT

Lat. stuppa)  , a See also:

• RULE

rule in the See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law of See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

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 (from O. Fr. estopper, to stop, bar; estoupe, mod. etoupe, a plug of tow; Lat. stuppa)

Estoppel is said to arise in three ways—(r) by See also:

• RECORD (Lat. recordari, to recall to mind, from cor, heart or mind)

record or See also:

• JUDGMENT

judgment, (2) by See also:

• DEED (in O. Eng. dead, from the stem of the verb " to do ")

deed, and (3) by See also:

• MATTER

matter in pais or conduct . (1) Where a cause of See also:

• ACTION

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 (in M. Eng. preove, proeve, preve, &°c., from O. Fr . prueve, proeve, &c., mod. preuve, Late. Lat. proba, probate, to prove, to test the goodness of anything, probus, good)

proof as against parties and privies, of facts directly in issue in the See also:

• CASE
• CASE, JOHN (d. 1600)

case, actually decided by the See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court, and appearing from the judgment itself to be the ground on which it was based."—See also:

• STEPHEN
• STEPHEN (1097?-1154)
• STEPHEN (ISTVAN) BATHORY (1533-1586)
• STEPHEN, SIR JAMES (1789-1859)
• STEPHEN, SIR JAMES FITZJAMES, BART
• STEPHEN, SIR LESLIE (1832-1904)

Stephen's See also:

• DIGEST

Digest of the Law of Evidence, See also:

• ART

Art . 41 . (2) It is one of the privileges of deeds as distinguished from See also:

• SIMPLE

simple contracts that they operate by way of estoppel . " A See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man shall always be estopped by his own deed, or not permitted to aver or prove anything in See also:

• CONTRADICTION, PRINCIPLE OF (principium contradictionis)

contradiction to what he has once so solemnly and deliberately avowed " (See also:

• BLACKSTONE, SIR WILLIAM (1723-1780)

Blackstone, 2 See also:

• CORN (a common Teutonic word; cf. Lat. granum, seed, grain)
• CORN (fromm Lat. corms, horn)

Corn . 295); e.g. where a See also:

• BOND
• BOND, SIR EDWARD AUGUSTUS (1815-1898)

bond recited that the defendants were authorized by acts of See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament to See also:

• BORROW, GEORGE HENRY (18o3-1881)

borrow See also:

• MONEY

money, and that under such authority they had borrowed money from a certain See also:

• PERSON, OFFENCES AGAINST THE

person, they were estopped from setting up as a See also:

• DEFENCE
• DEFENCE (Lat. defendere, to defend)

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 (in 0. Eng. heafad; the word is common to Teutonic languages; cf. Dutch hoofd, Ger. Haupt, generally taken to be in origin connected with Lat. caput, Gr. KerbOvi7)
• HEAD, SIR EDMUND WALKER, BART
• HEAD, SIR FRANCIS BOND, BART

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 (Lat. actus, actum)

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

firm without giving See also:

• NOTICE

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 (from Lat. tenere, to hold)

tenant the principle operates to prevent the denial by the tenant of the landlord's See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title . So if a person comes upon See also:

• LAND

land by the See also:

• LICENCE (through the French from Lat. licentia, licere, to be lawful)

licence of the person in See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession, he cannot deny that the licenser had a title to the possession at the See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time the licence was given .

Again, if a man accepts a See also:

• BILL

bill of See also:

• EXCHANGE

exchange he may not deny the See also:

• SIGNATURE (through Fr. from Lat. signature, signare, to sign, signum, mark, token, sign)

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 See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind is subject to one See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general rule, that it cannot override the law of the land; for example, a See also:

• CORPORATION (from Lat. corporare, to form into a body, corpus, corporis)

corporation would not be estopped as to acts which are ultra vires . See L . F . See also:

• EVEREST, MOUNT
• EVEREST, SIR GEORGE (1790—1866)

Everest and E . See also:

• STRODE
• STRODE, WILLIAM (1598-1645)

Strode, The Law of Estoppel; M . Cababe, Principles of Estoppel .