Keith Mack
Estoppel is a judicial device that prevents a person from making assertions or from going back on their word. It is a rule of evidence that bars a person from leading evidence of a fact that has already been settled or from asserting a right or claim. The object of estoppel is to prevent fraud and secure justice between parties by promoting honesty and good faith. The Doctrine of estoppel in general and promissory estoppel, in particular, was recognized in India from the case of Sourujmull And Ors. v. The Ganges Manufacturing Co., where the Calcutta High Court determined that this doctrine would also apply in situations where a person can be estopped from performing certain acts or relying on particular arguments or claims.
| Characteristics | Values |
|---|---|
| Purpose | To prevent fraud and secure justice between parties by promoting honesty and good faith |
| Basis | To prevent a person from making assertions or going back on their word |
| Application | Applicable in cases where a person relies on the promise of another |
| Scope | Common law legal systems, international law, and Indian law |
| Types | Estoppel by record, estoppel by judgment, promissory estoppel, equitable estoppel, proprietary estoppel, estoppel in pais, estoppel by conduct, estoppel by representation, estoppel by agreement |
| Sections | Section 115 of the Indian Evidence Act, 1872; Sections 40-44 of the Indian Evidence Act, 1872; Section 11 of Civil Procedure Code, 1908; Section 121-123 of Bharatiya Sakshya Adhiniyam, 2023 |
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![An Exposition of the Principles of Estoppel by Misrepresentation [microform]](https://m.media-amazon.com/images/I/61gHUpgBBFL._AC_UY218_.jpg)
What You'll Learn
Promissory estoppel
The doctrine of promissory estoppel is an equitable doctrine that evolved to prevent injustice. It is based on principles of justice, fair play, equity, and good conscience. Promissory estoppel is related to future promises, as opposed to representations about existing facts.
For promissory estoppel to apply, certain elements must be satisfied:
- Clear and Definite Promise: There must be a clear and unequivocal promise made by the promisor.
- Reliance by the Promisee: The Promisee must have reasonably relied on the promise.
- Detriment: The reliance must have caused detriment, harm, or damage to the Promisee.
- Injustice if Not Enforced: It must be shown that it would be unjust not to enforce the promise.
The doctrine of promissory estoppel was recognised in India in the case of Sourujmull And Ors. v. The Ganges Manufacturing Co., where the Calcutta High Court determined that this doctrine would also apply in situations beyond the law of evidence.
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Estoppel in pais
The requirements for estoppel in pais differ by state, but many states require that the party claiming the right knowingly misled the other party, and the other party relied on and was harmed by that conduct. Some states require stricter willful standards while others allow negligence to suffice for misleading someone. Unlike mutual acquiescence and recognition and adverse possession, estoppel in pais does not have a requisite period of time for the claim to ripen.
In the Indian context, Section 115 of the Indian Evidence Act, 1872 defines estoppel:
> When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
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Estoppel by judgment
Estoppel is a judicial device that prevents a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". Estoppel by record is covered under Section 11 of the Civil Procedure Code, 1908 (CPC) and Sections 40 to 44 of the Indian Evidence Act, 1872 (IEA). This type of estoppel is also known as estoppel by judgment.
When a party has entered into a solemn engagement by deed as to certain facts, neither they nor anyone claiming through or under them is permitted to deny such facts. There is no estoppel where the deed is affected by fraud or illegality. Estoppel by judgment is based on the maxim “allegans contraria non est audiendus”, meaning a person alleging contrary facts should not be heard. The object of estoppel is to prevent fraud and secure justice between parties by promoting honesty and good faith.
The Doctrine of Estoppel serves as a vital tool in ensuring justice and equity in legal proceedings. It prevents parties from engaging in unfair practices by holding them to their previous statements or conduct. This principle upholds the integrity of legal interactions and promotes trust and reliability in various contractual and relational dealings. Understanding and applying estoppel can significantly impact the outcomes of legal disputes, making it an essential concept in Indian law.
The Doctrine of Estoppel in general and promissory estoppel, in particular, was recognised in India in the case of Sourujmull And Ors. v. The Ganges Manufacturing Co., where the Calcutta High Court determined that this doctrine would also apply in situations where a person can be estopped from performing certain acts or depending completely upon particular arguments or claims.
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Proprietary estoppel
Estoppel is a judicial device that prevents a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". The rule of estoppel is based on the maxim “allegans contraria non est audiendus”, meaning a person alleging contrary facts should not be heard. The object of estoppel is to prevent fraud and secure justice between parties by promoting honesty and good faith.
For proprietary estoppel to apply, certain elements must be satisfied. Firstly, there must be a clear and definite promise or assurance made by the landowner (person B) that the other person (person A) either has or will have an interest in their property. Secondly, person A must rely on this promise or assurance. Thirdly, there must be a causal link between person A's belief and their detrimental conduct. For instance, if person A works on a family farm for little to no remuneration based on the promise that the land will one day be theirs, and this promise induces them to act or forebear in a way that causes them detriment or harm. Finally, it must be shown that it would be unjust for person B to enforce their legal rights against person A.
If these elements are present, the court may intervene to prevent person B from enforcing their legal rights against person A. The court has the power to order that person A receive equitable compensation, such as the value of lost market wages plus interest, or to give effect to person A's full expectation and provide them with everything that was promised.
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Doctrine of estoppel
The Doctrine of Estoppel is a judicial device that prevents a person from making assertions or from going back on their word. The Doctrine of Estoppel is based on the maxim “allegans contraria non est audiendus”, which means a person alleging contrary facts should not be heard. The Doctrine of Estoppel is a rule of evidence, whereby a person is barred from leading evidence of a fact that has already been settled or is otherwise precluded from asserting. It is also a rule of substantive law as it deals with the procedure of a case.
The Doctrine of Estoppel is an equitable remedy to prevent injustice that can arise when one party relies on the promise of another. Promissory estoppel applies when certain elements are satisfied: a clear and definite promise must be made; the promisee must have reasonably relied on the promise; the reliance must have caused detriment or harm to the promisee; and it must be shown that it would be unjust not to enforce the promise. Promissory estoppel is often used in contract law to prevent unfairness when promises are broken.
The Doctrine of Estoppel is also a concept in international law and has been recognised in India. The Calcutta High Court determined that the doctrine would apply in situations where a person can be estopped from performing certain acts or depending completely upon particular arguments or claims. The Indian Evidence Act, 1872, defines estoppel under Section 115: "When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing".
There are many different types of estoppel, including proprietary estoppel, promissory estoppel, equitable estoppel, and collateral estoppel. Proprietary estoppel exists when the court does not grant the plaintiff a proprietary interest in the land subject to the dispute, instead making an order for equitable compensation. Promissory estoppel is a legal doctrine that allows a party to recover on a promise made without a formal contract if they have relied on that promise to their detriment. Equitable estoppel prevents someone from denying something they have previously said or promised if someone else relied on it. Collateral estoppel, or issue preclusion, prevents a party from repeatedly bringing up the same issue in court after it has already been resolved.
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Frequently asked questions
Estoppel is a judicial device that prevents a person from making assertions or from going back on their word. It is based on the Latin maxim “allegans contraria non est audiendus”, meaning a person alleging contrary facts should not be heard.
The object of estoppel is to prevent fraud and secure justice between parties by promoting honesty and good faith. It also helps save time and resources in court proceedings by preventing repeated claims on the same issue.
There are many different types of estoppel, including promissory estoppel, equitable estoppel, proprietary estoppel, collateral estoppel, estoppel by record, estoppel by judgment, estoppel by agreement, and estoppel by conduct.
The history of the doctrine of promissory estoppel in India can be traced to the case of Sourujmull And Ors. v. The Ganges Manufacturing Co., where the Calcutta High Court determined that this doctrine would also apply in situations where a person can be estopped from performing certain acts or relying on particular arguments or claims.
