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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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  • 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
  • What Is Estoppel in Real Estate and How Does It Work?
    Estoppel is a legal principle that stops someone from taking a position that contradicts what they previously said, did, or agreed to, especially when another person relied on that earlier position and would be harmed by the reversal
  • 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
  • Doctrine of Estoppel: Types, Elements, and How It Works
    Learn the different types, key elements, and how they apply in practice Estoppel is a legal doctrine that prevents someone from going back on a representation, promise, or position when another person reasonably relied on it and would be harmed by the reversal
  • 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 - Definition, Meaning, Examples, Processes
    Estoppel defined and explained with examples Estoppel is a legal principle that prevents someone from asserting a fact that is contradictory to an already established truth
  • Estoppel Meaning: Legal Definition, Types, and Real Estate
    It can be defined as an estoppel, meaning it bars an opposing party from denying the validity of something already proven to be true or false (Source: Black’s Law Dictionary) It is derived from the French word “estoupail,” which means stopper or bung
  • Estoppel: The Ultimate Guide to Promises, Fairness, and Legal Defenses
    Estoppel is a legal principle rooted in fairness and consistency It essentially “stops” someone (in legal terms, it “estops” them) from going back on their word or their actions if doing so would harm someone who reasonably relied on them
  • Estoppel in English law - Wikipedia
    Estoppel in English law is a doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (e g words said or actions performed) which is different from an earlier set of facts





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