estoppage

The lawyer argued for an estoppage of the evidence.

Definition

1. Noun (Law):
   • Legal bar or preclusion: "estoppage" refers to a legal principle that prevents a person from asserting a fact or right that is contrary to their own previous actions or statements, especially when someone else has relied on those actions or statements to their detriment.
   • Act of stopping or preventing: In a broader sense, "estoppage" can mean the act of stopping, blocking, or hindering something, though this usage is rare outside legal contexts.

Usage Examples

• Legal context:

  • The court applied the rule of estoppage to prevent the landlord from denying the tenant's right to renew the lease. (The landlord was barred from contradicting their earlier promise.)
  • A successful claim of estoppage requires proof that one party relied on the other's representation. (The legal bar depends on demonstrated reliance.)

• General context (rare):

  • The estoppage of the project was due to lack of funding. (The act of stopping the project happened because of insufficient money.)

Advanced Usage

• "Estoppage by deed": A legal doctrine where a person is prevented from denying the truth of a statement made in a formal deed or document.

  • The buyer could not challenge the property description due to estoppage by deed. (The deed's statements were binding.)

• "Estoppage in pais": Also known as equitable estoppage, this occurs when a person's conduct leads another to believe in a certain state of facts, and the person later cannot deny those facts.

  • The company was subject to estoppage in pais because it had allowed the supplier to rely on its payment promises. (Conduct created a legal bar.)

Variants and Related Words

• Estoppel (n): The more common legal term for this principle; "estoppage" is a less frequent variant.

  • The doctrine of estoppel prevented the defendant from changing their story. (Estoppel is the standard term in modern law.)

• Estop (v): To bar or preclude by estoppel.

  • The court estopped the plaintiff from making that claim. (The claim was legally prevented.)

Synonyms

• Bar: a legal obstacle or prohibition.
• Preclusion: the act of preventing something from happening.
• Forfeiture: the loss of a right due to failure to act or due to misconduct (related but not identical).

Related Idioms

• "To be estopped in one's own mouth": To be prevented from speaking or asserting something because of one's own prior statements.
  • He was estopped in his own mouth after admitting the contract was valid. (His earlier admission barred his later denial.)

Phrasal Verbs

• None directly associated with "estoppage", as it is a noun derived from legal terminology. The verb form "estop" may appear in phrases like "estop from" (to prevent someone from doing something).
  • The agreement estopped the tenant from subletting. (The agreement prevented the tenant from subletting.)