Estoppel is a legal action that prevents someone from denying claims they have made in the past. It relies on evidence of reliance, promise, and resulting damage. Equitable legal principles are discretionary and depend on the facts of the case. Promissory foreclosure applies when someone relies on the actions or words of another to their detriment. Arrest by writ prevents parties from denying information within a writ.
An estoppel is a fair legal action that prevents a person from denying certain claims they have made in the past. Appropriate evidence may be provided through testimony or documents showing that he or she relied on the words or actions of another, the stated promise should be performed in the interest of equity, or he or she will now suffer damages of consequence if the promise is not respected. As a fair legal concept, there is no statutory law governing estoppel. Rather, the judge deciding the case will determine whether or not to apply the principle based on the specific circumstances dictated by the facts.
Equitable legal principles are those which are at the discretion of the judge to apply. The judge will consider all the facts and examine the situation from the subjective point of view of the parties and will apply these principles if they are in the interest of fairness. Estoppel is an example of such a fair legal principle. As with any similar legal concept, estoppel depends to a large extent on the facts in the case. Therefore, proof of the promise made, proof of reliance on the intervening party, and proof of the resulting damage is essential to any foreclosure claim.
In contract law, promissory foreclosure applies when one person reasonably relies on the actions or words of another and acts in some way to their detriment based on that expectation. If the person reasonably relied on by the first person then changes position to the detriment of the relying party, then the relying party can show evidence of that reliance to enforce promissory foreclosure, which can prevent the person to change his or her location. For example, Party A may testify that Party B promised his car to Party A because he was buying a new one and pending fulfillment of the promise, Party A sold his car. In addition, Party A can introduce evidence of such correspondence, such as a dated letter and bill of sale confirming the testimony. The requirement that the calling party prove that he or she has been harmed is implied in this scenario by the fact that he or she will be left without a car if the promise is broken.
Arrest by writ is a concept that precludes any party validly performing an act from denying any information within the writ. For example, Party B executes a deed of transfer of a parcel of land and hands it over to Party A. If, one day later, Party B discovers that there is a gold deposit on the land and seeks to terminate the transfer , Party A would have to introduce the properly executed deed as evidence in order to assert foreclosure by deed, which will prevent Party B from asserting that he never intended to transfer the land. Since each parcel of land is considered unique under the law, the party to whom the land has been promised will automatically be considered injured if the promise is not fulfilled.
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