Category: Equitable estoppel

The doctrine of equitable estoppel

Estoppel is an equitable doctrine designed to prevent injustice by not permitting a party to repudiate a course of action on which another party has relied to his detriment

Equitable estoppel is “the effect of the voluntary conduct of a party whereby he is absolutely precluded, both at law and in equity, from asserting rights which might perhaps have otherwise existed

Where a defendant had no affirmative duty to disclose his crime, the doctrine of equitable tolling does not apply to any potential claims against him arising from the crime

Promissory estoppel versus equitable estoppel

To establish equitable estoppel, a prejudiced party must show that the opposing party engaged in conduct, either intentionally or under circumstances that induced reliance, and that he or she acted or changed their position to their detriment

The application of Equitable Estoppel and the Consumer Fraud Act

The doctrine of equitable estoppel is designed to prevent a party’s disavowal of previous conduct

Equitable estoppel does not require a definite promise, but may be invoked when there is conduct, either express or implied, which reasonably misleads another to his prejudice so that a repudiation of such conduct would be unjust in the eyes of the law

A court cannot use its equitable powers to form its jurisdiction over any case