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Civil litigation

estoppel

Estoppel is a legal principle that prevents a person or entity from asserting a legal right or taking a legal position that contradicts or is inconsistent with its earlier position, behavior, or agreement. The person or entity is said to be “estopped” from changing its position, behavior, or agreement because another person or entity has relied on its earlier position, behavior, or agreement (detrimental reliance).

In Iowa, as in other jurisdictions, the legal principle of estoppel is used to promote fairness and prevent injustice. Estoppel can arise in various contexts, such as promissory estoppel, equitable estoppel, or estoppel by deed. Under Iowa law, for estoppel to apply, certain elements must typically be present: a clear and definite representation by one party, reasonable reliance by another party, and a change in position or detriment suffered by the relying party due to their reliance on the representation. This principle is designed to prevent a party from taking a position that is inconsistent with one they have previously taken, especially when the other party has relied on the initial position to their detriment. Estoppel is a common defense in civil litigation and can be invoked in various legal scenarios, from contract disputes to property issues. However, the specific application of estoppel can vary depending on the facts of each case, and an attorney can provide guidance on how estoppel might apply in a particular situation.

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Civil litigation

estoppel

Individual & Family Legal Plan

Articles

Iowa State Code

Civil litigation

estoppel

Articles

Iowa State Code