Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Assignor estoppel
see estoppel_
Authority by estoppel
see apparent authority under authority (1).
administrative collateral estoppel
See COLLATERAL ESTOPPEL.
adoption by estoppel
an equitable adoption of a child by a person's promises and acts that preclude the person and his or her estate from denying adopted status to the child. also termed equitable adoption; virtual adoption.
agency by estoppel.
An agency created h . operation of law and established by a princ pal's actions that would reasonably lead third person to conclude that an agency e: ists. - also termed apparent agency; ostens ble agency; agency by operation of law.
assignor estoppel
Patents. Estoppel barring someone who has assigned the rights to a patent from later attacking the patent's validity. Westinghouse Elec. & Mfg. Co. v. Formica Insulation Co., 266 U.S. 342, 45 S.Ct. 117 (1924).
cause-of-action estoppel.
See COLLATERAL ESTOPPEL.
collateral estoppel
An affirmative defense barring a party from relitigating an issue determined against that party in an earlier action, even if the second action differs significantly from the first one. - Also termed issue preclusion; issue estoppel; direct estoppel; estoppel by judgment; estoppel by record; estoppel by verdict; cause-of-action estoppel; estoppel per rem judicatam. Cf. RES JUDICATA.
conversion by estoppel
A judicial determination that a conversion has taken place -though in truth one has not - because a defendant is estopped from offering a defense This occurs, for example, under the traditional rule that a bailee is estopped from denying the bailor's title even if the bailor has no title to the chattel.
corporation by estoppel
A business that is deemed, by operation of law, to be a corporation because a third party dealt with the business as if it were a corporation, thus preventing the third party from holding a shareholder or officer of the corporation individually liable. See ESTOPPEL.
defensive collateral estoppel
Estoppel asserted by a defendant to prevent a plaintiff from relitigating an issue previously decided against the plaintiff and for another defendant.
direct estoppel
See COLLATEIT.ESTOPPEL
easement by estoppel
A court-ordered easement created from a voluntary servitude after a person, mistakenly believing the servitude to be permanent, acted in reasonable reliance on the mistaken belief.
easement by estoppel.
See EASEMENT.
equitable estoppel
See ESTOPPEL.
estoppel
n. 1. 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. 2. A bar that prevents the relitigation of issues. 3. An affirmative defense alleging good-faith reliance on a misleading representation and an injury or detrimental change in position resulting from that reliance. Cf. WAIVER (1). "'Estoppe,' says Lord Coke, 'cometh of the French word estoupe, from whence the English word stopped; and it is called an estoppel or conclusion, because a man's own act or acceptance stoppeth or closeth up his mouth to allege or plead the truth.' [Co. Litt. 352a.] Estoppel may also be defined to be a legal result or 'conclusion' arising from an admission which has either been actually made, or which the law presumes to have been made, and which is binding on all persons whom it affects." Lancelot Feilding Everest, Everest and Strode's Lace of Estoppel 1 (3d ed. 1923). "In using the term 'estoppel,' one is of course aware of its kaleidoscopic varieties. One reads of estoppel by conduct, by deed, by laches, by misrepresentation, by negligence, by silence, and so on. There is also an estoppel by judgment and by verdict; these, however, obviously involve procedure. The first-named varieties have certain aspects in common. But these aspects are not always interpreted by the same rules in all courts. The institution seems to be flexible." John H. Wigmore, "The Scientific Role of Consideration in Contract," in Legal Essays in Tribute to Orrin Kip McMurray 641, 643 (1935).
estoppel by conduct
See equitable estoppel.
estoppel by contract
See ESTOPPEL.
estoppel by deed
Estoppel that prevents a party to a deed from denying anything recited in that deed if the party has induced another to accept or act under the deed; esp., estoppel that prevents a grantor of a warranty deed, who does not have title at the time of the conveyance but who later acquires title, from denying that he or she had title at the time of the transfer. See AFTER-ACQUIRED-TITLE DOCTRINE.
estoppel by election
The intentional exercise of a choice between inconsistent alternatives that bars the person making the choice from the benefits of the one not selected. estoppel by inaction See estoppel by silence. See estoppel by silence.
estoppel by inaction
See estoppel by silence under ESTOPPEL.
estoppel by judgment
See COLLATERAL ESTOPPEL.
estoppel by laches
See ESTOPPEL.
estoppel by lackes
An equitable doctrine by which some courts deny relief to a claimant who has unreasonably delayed or been negligent in asserting a claim.
estoppel by negligence
See ESTOPPEL.
estoppel by record
See COLLATERAL ESTOPPEL.
estoppel by representation
An estoppel that arises when one makes a statement or admission that induces another person to believe something and that results in that person's reasonable and detrimental reliance on the belief; esp., equitable estoppel.
estoppel by silence
See ESTOPPEL.
estoppel by standing by
See estoppel by silence under ESTOPPEL.
estoppel by verdict
See COLLATERAL ESTOPPEL.
estoppel certificate
1. A signed statement by a party (such as a tenant or a mortgagee) certifying for another's benefit that certain facts are correct, as that a lease exists, that there are no defaults, and that rent is paid to a certain date. ( A party's delivery of this statement estops that party from later claiming a different state of facts. 2. See WAIVER OF CLAIMS AND DEFENSES.
estoppel in pais
See equitable estoppel (1) under ESTOPPEL.
estoppel per rem judicatam
See COLLATERAL ESTOPPEL.
file-wrapper estoppel
See PROSECUTIONHISTORY ESTOPPEL.
issue estoppel
See COLLATERAL ESTOPPEL.
judicial estoppel
Estoppel that prevents a party from contradicting previous declarations made during the same or a later proceeding if the change in position would adversely affect the proceeding or constitute a fraud on the court. - Also termed doctrine of preclusion of inconsistent positions; doctrine of the conclusiveness of the judgment.
laches, estoppel by
See estoppel by larches under ESTOPPEL.
legal estoppel
See ESTOPPEL,
marking estoppel
Patents. Estoppel that prevents a party from asserting that a product is not covered by a patent if that party has marked the product with a patent number. 0 This type of estoppel has been called into question in recent years, and has been sharply limited by some courts.
mutuality of estoppel
The collateral-estoppel principle that a judgment is not conclusively in favor of someone unless the opposite decision would also be conclusively against that person.
offensive collateral estoppel
Estoppel asserted by a plaintiff to prevent a defendant from relitigating an issue previously decided against the defendant and for another plaintiff. collateral fact See FACT.
partnership by estoppel
A partnership implied by law when one or more persons represent themselves as partners to a third party who relies on that representation. 0 A person who is deemed a partner by estoppel becomes liable for any credit extended to the partnership by the third party. - Also termed implied partnership.
plea in estoppel
Common-law pleading. A plea that neither confesses nor avoids but pleads a previous inconsistent act, allegation, or denial on the part of the adverse party to preclude that party from maintaining an action or defense.
promissory estoppel
The principle that a promise made without consideration may nonetheless be enforced to prevent injustice if the promisor should have reasonably expected the promisee to rely on the promise and if the promisee did actually rely on the promise to his or her detriment. - Also termed (inaccurately) equitable estoppel. "The doctrine of promissory estoppel is equitable in origin and nature and arose to provide a remedy through the enforcement of a gratuitous promise. Promissory is distinct from equitable estoppel in that the representation at issue is promissory rather than a representation of fact. Promissory estoppel and estoppel by conduct are two entirely distinct theories. The latter does not require a promise.' " Ann Taylor Schwing, California Affirmative Defenses ยง 34:16, at 35 (2d ed. 1996) (quoting Division of Labor Law Enforcement v. Transpacific Transp. Co., 88 Cal. App. 3d 823, 829 (Cal. Ct. App. 1979)).
prosecution-history estoppel
See PROSECUTION-HISTORY ESTOPPEL.
quasi-estoppel
See ESTOPPEL.
representation, estoppel by
See estoppel by representation under ESTOPPEL.