09/06/2024
๐ซ๐๐๐๐๐๐๐๐๐
๐จ๐๐๐๐๐๐ 114 ๐๐ ๐ธ.๐บ.๐ถ 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.
๐ฏ๐๐๐๐๐๐๐'๐ ๐ณ๐๐ ๐๐ ๐ฌ๐๐๐๐๐๐
:
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.
๐ฏ๐๐๐๐๐๐๐'๐ ๐ณ๐๐ ๐๐ ๐ฌ๐๐๐๐๐๐
:
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.
๐ฎ๐๐๐๐๐๐๐๐ ๐ท๐๐๐๐๐๐๐๐
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.
๐น๐๐๐๐๐๐๐๐๐๐๐๐๐ (๐ซ๐๐๐๐๐๐๐๐๐๐, ๐จ๐๐, ๐๐ ๐ถ๐๐๐๐๐๐๐)
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.
๐ฌ๐๐๐๐๐๐๐ โ ๐จ๐๐๐๐๐๐๐๐ ๐๐๐
๐น๐๐๐๐๐๐๐๐
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.
๐ป๐๐๐๐ ๐๐ ๐ฌ๐๐๐๐๐๐๐
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.
๐ฌ๐๐๐๐๐๐๐ ๐๐ ๐ช๐๐๐
๐๐๐ (๐ฌ๐๐๐๐๐๐๐ ๐๐ ๐ท๐๐๐):
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.
๐ท๐๐๐๐๐๐๐๐๐ ๐ฌ๐๐๐๐๐๐๐:
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.
๐ฐ๐๐๐๐๐๐๐๐๐ ๐๐ ๐ฌ๐๐๐๐๐๐๐
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.
