*Hint: this is not “stopped” written with a typo, but the meaning is quite close!
Estoppel
Estoppel is a legal principle that exists in common-law countries. In general, estoppel means that a person can't do something or take a legal position that is contrary to their past conduct or statements.
Estoppel is an uncountable noun:
(✓) Estoppel is a legal doctrine.
(X) The estoppel is a legal doctrine.
The corresponding verb is usually used in the passive voice: to be estopped
- The company will be estopped
- The company is estopped
- The company was estopped
Examples
- The estoppel doctrine prevents the company from taking that position in court. The company is estopped from taking that position in court.
- If your client continues to act this way, it will be estopped from acting differently later. The estoppel doctrine will apply.
The verb can also be used in the active voice when referring to the cause of the estoppel:
- The company’s conduct estops it from taking that position.
- The defendant’s statements estop it from making these arguments.
- There are many different types of estoppel, each with its own set of rules, which vary by country.
- The applicable rules are usually set out in case law (court decisions), rather than in legislation.
- This is standard for private-law concepts in common-law systems, which do not have a civil code.
The common thread* between the various types of estoppel is that they aim to prevent injustice in circumstances where other legal doctrines, such as breach of contract, do not apply. * "Common thread" in this context means what all the types of estoppel have in common.
Some contracts include a “no estoppel” clause
- No estoppel. The Buyer shall accept the goods upon delivery. Such acceptance will not estop the Buyer from claiming a refund for any non-compliant goods.
- No estoppel. A party who fails to deliver a notice of default will not be estopped from asserting at a later date that an event of default occurred.