Estoppel - law question

Asked in 2019 for 4 marks

Estoppel

Answer:  A principle of law by which a person is held bound by the representation made by him or out of his conduct of him or his representative. Law of estoppel prohibits one from going against the stand he or his representative has taken on  a certain issue.

Eg. Judge trying produce municipal birth certificate to reduce his age was estopped

Buddhist wife seeking divorce from Muslim husband on the ground of religious faith was estopped because the marriage was held as per Muslim Law.


Additional details for large question

Essentials of Estoppel

The doctrine of Estoppel is applicable if the following conditions are met:

  • The representation must be made by one person to another person.

  • It should be of facts and not as to the law.

  • It should be of an existing fact.

  • The representation must be made in a manner to make the other person believe it to be true.

  • The person to whom the representation is being made must act upon that belief.

  • Such representation should cause loss to the person to whom it was made.


Types of Estoppel

  1. Estoppel by record

  2. Estoppel by deed

  3. Estoppel by conduct

  4. Estoppel 

  5. Essentials of Estoppel

  6. Equitable Estoppel

  7. Promissory Estoppel


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