09/06/2024
𝑫𝒆𝒇𝒊𝒏𝒊𝒕𝒊𝒐𝒏
𝑨𝒓𝒕𝒊𝒄𝒍𝒆 114 𝒐𝒇 𝑸.𝑺.𝑶 1984:
Estoppel is a legal principle that prevents a person from denying the truth of a statement they previously made or implied if someone else relied on that statement and acted upon it. This means that if a person, through their statements, actions, or omissions, intentionally leads another to believe something to be true, they cannot later contradict that belief in court.
𝑯𝒂𝒍𝒔𝒃𝒖𝒓𝒚'𝒔 𝑳𝒂𝒘 𝒐𝒇 𝑬𝒏𝒈𝒍𝒂𝒏𝒅:
Estoppel is defined as a legal disability that prevents a person from claiming or proving in court that a fact is different from how it was previously presented by their actions or words.
𝑯𝒂𝒍𝒔𝒃𝒖𝒓𝒚'𝒔 𝑳𝒂𝒘 𝒐𝒇 𝑬𝒏𝒈𝒍𝒂𝒏𝒅:
In this case, estoppel was described as preventing a person from denying a false statement they made if another person believed and acted upon that statement. If someone intentionally misleads another and that person relies on the misleading information, the original person is "estopped" from claiming the truth is otherwise.
𝑮𝒐𝒗𝒆𝒓𝒏𝒊𝒏𝒈 𝑷𝒓𝒊𝒏𝒄𝒊𝒑𝒍𝒆
Estoppel is based on the principle of "allegans contraria non est audiendus," meaning that a person should not be heard to contradict themselves. It is a kind of conclusive presumption, where a fact is taken to be true in relation to a specific situation because of someone's actions or statements. This principle ensures that individuals cannot change their stance to the detriment of others who have relied on their previous statements or actions.
𝑹𝒆𝒑𝒓𝒆𝒔𝒆𝒏𝒕𝒂𝒕𝒊𝒐𝒏 (𝑫𝒆𝒄𝒍𝒂𝒓𝒂𝒕𝒊𝒐𝒏, 𝑨𝒄𝒕, 𝒐𝒓 𝑶𝒎𝒊𝒔𝒔𝒊𝒐𝒏)
Article 114 mentions declarations, acts, or omissions, which collectively mean representations. A representation can be express or implied and can be conveyed through words (written or spoken) or conduct. Even silence or inaction can be considered a representation if there was a duty to speak or act. The crucial element is whether the representation caused someone to believe in a certain state of affairs and act on that belief, thereby altering their position.
𝑬𝒍𝒆𝒄𝒕𝒊𝒐𝒏 – 𝑨𝒑𝒑𝒓𝒐𝒃𝒂𝒕𝒆 𝒂𝒏𝒅 𝑹𝒆𝒑𝒓𝒐𝒃𝒂𝒕𝒆
Lord Atkin explained that when someone has a choice between two rights and selects one, they cannot later assert the other. This principle of election is also highlighted by Lord Blackburn, who stated that once a person makes a choice between two inconsistent options, that choice is final. This was further supported in the case of Scarf v. Jardine.
𝑻𝒚𝒑𝒆𝒔 𝒐𝒇 𝑬𝒔𝒕𝒐𝒑𝒑𝒆𝒍
Estoppel by Record (Estoppel per rem judicatem):
This type occurs when a fact has been conclusively determined by a court with jurisdiction. If the same issue arises again in subsequent proceedings, the previous determination stands, preventing parties from re-litigating the same issue.
Estoppel by Deed:
When a fact is stated in a deed (a formal legal document) and agreed upon by all parties involved, they are bound by that statement. If the deed clearly states a fact, it creates an estoppel, preventing any party from denying that fact later.
𝑬𝒔𝒕𝒐𝒑𝒑𝒆𝒍 𝒃𝒚 𝑪𝒐𝒏𝒅𝒖𝒄𝒕 (𝑬𝒔𝒕𝒐𝒑𝒑𝒆𝒍 𝒊𝒏 𝑷𝒂𝒊𝒔):
This arises when someone's clear and unequivocal representation of fact, through words or actions, leads another person to reasonably believe and act upon it. If the second person changes their position based on that representation, the original person cannot later deny the truth of their initial representation.
𝑷𝒓𝒐𝒎𝒊𝒔𝒔𝒐𝒓𝒚 𝑬𝒔𝒕𝒐𝒑𝒑𝒆𝒍:
This type of estoppel occurs when one party makes a clear promise or assurance intended to affect their legal relationship with another party. If the other party relies on this promise and acts upon it, the person who made the promise cannot later revert to their previous legal position as if the promise had not been made. This principle was first outlined in Hughes v. Metropolitan Railway Co. and has since evolved.
𝑰𝒎𝒑𝒐𝒓𝒕𝒂𝒏𝒄𝒆 𝒐𝒇 𝑬𝒔𝒕𝒐𝒑𝒑𝒆𝒍
Estoppel is crucial in maintaining consistency and fairness in legal proceedings. If parties were allowed to assume contradictory positions during a trial, it would undermine the effectiveness of the courts. Therefore, once a person takes a particular stance in litigation, they must adhere to it. This principle prevents individuals from "playing fast and loose" with the legal system, ensuring that the rights of all parties are protected and that justice is administered fairly. The courts require consistency from those who appear before them to maintain the integrity and reliability of the judicial process.
