Sentences with phrase «by equitable estoppel»

Anyway, your case should not be decided on the animal it is decided by equitable estoppel.

Not exact matches

Thus she established a proprietary estoppel; and because this was based on an agreement it gave rise to a constructive trust by which H «holds his equitable charge on the property on trust for [W]» (para 59).

Consequently, the case can be distinguished from one in which validity is challenged by a party to the agreement, where equitable remedies (eg proprietary estoppel) might be called upon to rescue a formally defective agreement.

1.29 Historically, the equitable concern manifested through the use of estoppel was characterized as being about «fraud», but today estoppel is usually not thought to be based on such an extreme misleading of one person by another.

1.30 Two estoppel elements in particular are affected by such equitable considerations: the requirement for detrimental reliance in establishing the need for estoppel and the limited effect of the estoppel.

If successful, equitable estoppel prevents a party from making claims that contradict earlier statements by a party.