Cole, it was said, among other things: "It thus appears that what has sometimes been called an equitable estoppel
, and sometimes with less propriety an estoppel in pais, is properly and peculiarly a doctrine of equity, originally introduced there to prevent a party from taking a dishonest and unconscientious advantage of his strict legal rights, though now with us, like many other doctrines of equity habitually administered at law." (64) Equitable estoppel
has a long and deeply entrenched history as a doctrine used to prevent injustice.
The Court of Appeals concluded that the trial court's findings of fact were sufficient to establish equitable estoppel
. A representative of Wisconsin Mutual assured George's husband that it withdrew the premium payment from their account.
combined doctrine of equitable estoppel
) operates to restore the
2d 764, 771 (3d Dep't 2001) (Peters, J., concurring) ("If in custody and visitation disputes, common sense, reason and an overriding concern for the welfare of a child are to prevail over narrow selfish proclamations of biological primacy, the assertion of equitable estoppel
by a nonbiological or nonadoptive parent must be given credence by the courts."); Jean Maby H.
Unfortunately, litigants and courts alike often hopelessly confuse the discovery rule with two other conceptually distinct common law theories for enlarging a statute of limitations equitable tolling and equitable estoppel
. (62) Because this area of the law is so muddled, care must be taken in reading the cases and parsing the theories.
generally allow or bar equitable estoppel
. The principle of equitable
If this object is kept steadily in mind, the concern that a general application of the principle of equitable estoppel
would make non-contractual promises enforceable as contractual promises can be allayed....
Wiese, 699 P.2d 700, 702-03 (Utah 1985) (holding that equitable estoppel
did not apply because the mother failed to demonstrate detriment, especially since she had not approached the natural father for support).
COURT'S OPINION: The Court of Appeals of New York, reversed the judgment of the appellate court, reinstated the case and remanded it back to the court with instructions that the doctrine of equitable estoppel
was not applicable in the case.
In these instances, and under certain circumstances, the matter may be pursued as a claim under the doctrine of equitable estoppel
or unauthorized acts that have already taken place can be validated and the contractor compensated through a doctrine known as ratification.
Also notable is that the Tax Court in Dutton did not consider the taxpayer's argument involving the doctrine of equitable estoppel
. The taxpayer raised this argument for the first time in his answering brief [122 T.C.
The Reclamation Creditors were also entitled to relief on their reclamation claims based on the principle of "equitable estoppel
reliance more properly falls under the rubric of equitable estoppel
The fundamental question of whether estoppel had a place in planning law at all was raised by Lord Scarman in Newbury District Council v Secretary of State for the Environment, where he suggested (9) that `it is wrong to introduce into public administrative law concepts such as equitable estoppel
which are essentially aids to the doing of justice in private law'.
"Whether on these facts plaintiff may be entitled to substantial money damages on a theory of equitable estoppel
or confiscatory taking, however, is irrelevant to plaintiff's equal protection claim."