© Copyright 2012, vLex. All Rights Reserved.
- Language
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
equitable estoppel
9 similar searches for equitable estoppel
More than 10.000 documents for equitable estoppel
-
Emanating from the philosophical ideals of Aristotle,2 equity was begotten-not made-by chancellors in ancient England.3 These chancellors were clergymen, who served as secretaries to the King with the authority to decide disputes between his subjects.4 Sitting in the English High Court of Chancery, chancellors dispensed justice by royal prerogative when relief was inadequate or inequitable in the courts of the common law.5 The inequity addressed by equitable estoppel concerned the contradictory conduct of litigants that worked to their advantage in a case or to the disadvantage of the adverse party.6 A doctrine of "estoppel" actually originated in the law courts, but it was the equitable gloss added by the chancery court that has persisted.7 In England and America, this popular defense ...
-
Freedom of contract is a longstanding principle deeply rooted in American jurisprudence, protected by the Contract Clause and by the Due Process Clauses of the Fifth and Fourteenth Amendments. Because of the legal system's high regard for freedom of contract, parties are free to negotiate virtually all issues, thus creating rights and limiting duties and obligations to one another. In exercising this freedom to contract, parties often negotiate an arbitration clause. When the dispute includes a nonsignatory, courts use five factors to interpret whether agreement exists: incorporation by reference, assumption, agency, veil-piercing/alter ego, and equitable estoppel. Over time, however, courts have been so eager to effectuate the federal policy in favor of arbitration that they have forgo...
-
Breach of contract; rehabilitation services for nursing home; equitable estoppel; Evid.R. 408; doctrine of judicial admissions; attorney fees; statute of frauds.
-
An examination question will not usually require an explanation and analysis of equitable estoppel. What is more likely is a description and application of the rule in a particular scenario. So where a party has waived their contractual rights against another party, and that other party has altered their position in reliance on the waiver, it would be unjust to allow an action against them on the original contract to succeed. In Central London Property Trust v High Trees House (1947) KB130; (1956) 1 AII ER 256, estoppel was applied to a negative promise, i.e. where one party promised not to enforce their full rights. By 1945 the tenants were able to let the flats fully and the landlords took action to recover the rent at the original contract rate.
-
... are two general types of estoppel: equitable and legal. Equitable Estoppel. EQUITABLE ESTOPPEL,...
-
Foreclosure - Equitable Estoppel - Equitable Subrogation
-
Donaldson Company, Inc. v. Burroughs Diesel, Inc. (MLW No. 59687/ Case No. 08-2705 - 14 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Arbitration: Nonsignatory - Equitable Estoppel - Close- Relationship Test
