plain lady: October 2011

Alina Miron

Estoppel is essentially a rule of evidence[3] whereby a person is barred from denying the truth of a fact that has already been settled. Where a court finds that a party has done something warranting a form of estoppel, that party is said to be "estopped" from making certain related arguments or claiming certain related rights. The defendant is said to be "estopped" from presenting the related defence, or the plaintiff is said to be "estopped" from making the related argument against the defendant. Lord Coke stated, "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."[4] The plea of estoppel is closely connected with the plea of waiver, the object of both being to ensure bona fides in day to day transactions.[5]

plain lady

Wednesday, October 12, 2011

Nine

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