Sentences with phrase «equitable estoppel»
Equitable estoppel is a legal concept that prevents a person from going back on their word or actions, if it would be unfair or unjust to do so. Essentially, it means that if someone makes a promise or behaves in a way that leads another person to reasonably rely on that promise or behavior, they cannot later change their mind and act in a way that harms the person who relied on them. Equitable estoppel helps ensure fairness and prevent one party from taking advantage of another. Full definition
For example, the Court noted that the «doctrine of equitable estoppel provides protection against some of the problems that First Quality highlights, namely, unscrupulous patentees inducing potential targets of infringement suits to invest in the production of arguably infringing products.»
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Although laches is unavailable, equitable estoppel remains a viable defense in some situations.
Anyway, your case should not be decided on the animal it is decided by equitable estoppel.
Therefore, the bankruptcy court's waiver rulings were affirmed but its rulings on equitable estoppel were reversed and the case was sent back to the bankruptcy court.
If successful, equitable estoppel prevents a party from making claims that contradict earlier statements by a party.
Texas requires that a party claiming equitable estoppel to prove that the other party knowingly made a false statement or concealed facts to a party who did not and could not know the falsity of the statement and the statement was made with the knowledge that the party would rely on the statement to its detriment.
«This order holds that defendants have not shown the elements necessary to justify application of equitable estoppel,» Alsup ruled [PDF].
Beyond that, equitable estoppel was at play, because a court clerk had led counsel to believe that the fees order would be revised to show payment would come from the superior court.
Two recent South Carolina Supreme Court opinions: Ables v. Gladden, 378 S.C. 558, 664 S.E. 2d 442 (2008) and Strickland v. Strickland, 375 S.C. 76, 650 S.E. 2d 465 (2007) abolished the defense of laches in the collection of back child support or alimony, while authorizing the continued use of a similar defense, equitable estoppel, in such -LSB-...]
The Court's opinion in SCA Hygiene did note that an accused infringer can still defend against a claim of infringement based on the defense of equitable estoppel.
Don brought an action to restore his access to the cabin based on Martha's unjust enrichment and equitable estoppel (Martha could not deny access to Don based on her previous actions).
As the court says, there was a contract and «the patron was not entitled to the bonus under those rules», and plaintiff «failed to prove the necessary elements of either promissory or equitable estoppel».
b. Performed legal research and wrote memoranda and briefs on civil procedural and substantive issues, including unconscionability, issue preclusion and equitable estoppel.
Another defense is the doctrine of equitable estoppel, which means that an injustice would occur if the custodial parent is allowed to proceed with a claim for arrears.
While the court agreed that it is possible the Purchaser could claim that the Seller was estopped from claiming title defects which would have prevented the closing when it had misrepresented the status of the title in the purchase agreement, the court ruled that the bankruptcy court had failed to make sufficient findings of fact in support of this ruling and so reversed the equitable estoppel ruling, sending the case back to the trial court for further proceedings.