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American Heritage Dictionary - Cite This Source - Share This

es·top·pel       (ě-stŏp'əl)  Pronunciation Key  n.   Law A bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth. [Obsolete French estouppail, from Old French estouper, to stop up, from Vulgar Latin *stuppāre; see stop.]

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estoppel

noun

a rule of evidence whereby a person is barred from denying the truth of a fact that has already been settled

Merriam-Webster's Dictionary of Law - Cite This Source - Share This
Main Entry: es·top·pel
Pronunciation: e-'stä-p&l
Function: noun
Etymology: probably from Middle French estoupail plug, stopper, fromestouper to stop up —see ESTOP
1 : a bar to the use of contradictory words or acts in asserting aclaim or right against another; especially : EQUITABLE ESTOPPEL in this entry —compare WAIVER

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equitable estoppel
: an estoppel that prevents a person from adopting a new position that contradicts aprevious position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her losscalled also estoppel in pais
NOTE: Traditionally equitable estoppel required that the original position was a misrepresentation which was being denied in the new position. Somejurisdictions retain the requirement of misrepresentation.

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estoppel by deed
: an estoppel precluding a person from denying the truth of any matter that he or she asserted in adeed esp. regarding his or her title to the property —compare after-acquired title at TITLE

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estoppel bysilence
: an estoppel preventing a person from making an assertion to another's disadvantage when the person previously had the opportunity and duty to speak but failed to doso

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estoppel in pais
: EQUITABLE ESTOPPEL in this entry

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file wrap·per estoppel
: an estoppel in patent law barring an applicant who has acquiesced in the rejection of a broad claim in the application for a patent from later asserting that a claim deliberately morerestricted is equivalent to the original claim called also prosecution history estoppel

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promissory estoppel
: an estoppel that prevents a promisor from denying the existenceof a promise when the promisee reasonably and foreseeably relies on the promise and to his or her loss acts or fails to act and suffers an injustice that can only be avoided by enforcement of thepromise

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prosecution his·to·ry estoppel
: FILE WRAPPER ESTOPPEL in thisentry

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quasi estoppel
: an equitable estoppel that does not require misrepresentation by one party nor reliance or ignorance by the other party
2 a : a bar to therelitigation of issues

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collateral estoppel
: estoppel by judgment barring the relitigation of issues litigated by the same parties on a different cause of action; broadly: estoppel by judgment barring the relitigation of issues litigated by the same parties on a different or the same cause of action

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direct estoppel
: estoppel by judgmentbarring the relitigation of issues litigated by the same parties on the same cause of action

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estoppel by judgment
: a bar to the relitigation in a second action of issues alreadydetermined in a previous action; especially : COLLATERAL ESTOPPEL in this entry called also estoppelby verdict issue preclusion —see also FORMER ADJUDICATION —compare RES JUDICATA">MERGER 4, RES JUDICATA b : the affirmativedefense of estoppel—by estoppel : arising from the operation of estoppel <an entrapment by estoppel>