ESTOPPEL

The Anglo-French expression denotes a legal check which restricts a person from alleging or contradicting the assertions implied by him. The expression empowers the courts to preclude a person from going back on his words/promises. Promissory estoppel, Estoppel by Deed, Estoppel by Record, Estoppel by Conduct, Constructive Estoppel constitute the multitude of Estoppel in the legal arena.

Illustration:

A, who is a creditor informs B, the debtor that he has forgiven the debt and that he is free. This grant of freeing from debt was not documented officially but orally delivered. Here, A is estopped from altering his decision later and is bound to the grant of freeing B from the debt.

 

Case Law:

1. Pickard v. Sears, 1837 6 Ad & El 469, 474

2. Hughes v. Metropolitan Railway Co. (1877) UKHL 1

3. Leslie Ltd. v. Sheill, (1914) 3 KB 607 (616) CA

4. Motilal Padampat Sugar Mills vs. State of U.P 1979 AIR621

5. Govindiji Javat & Co v. Shree Saraswat Mills AIR1982 Bom 76

6. B. L Shreedhar v. K.N Munireddy AIR 2003 SC 578