Select your state

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 Montana, the legal principle of estoppel is recognized and can be applied in various contexts, including contract disputes, property rights, and other civil matters. Estoppel prevents a party from asserting a claim or a defense that contradicts their previous statements or actions when the other party has relied on those statements or actions to their detriment. This principle is designed to promote fairness and honesty in dealings and to prevent injustice due to inconsistent behavior. There are different types of estoppel, such as promissory estoppel, equitable estoppel, and estoppel by deed, each with its own specific requirements and applications. Montana courts will consider the specific facts of each case to determine whether estoppel is appropriate, including the extent of the reliance and the reasonableness of the party's change in position.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil litigation

estoppel

Individual & Family Legal Plan

Articles

Montana State Code

Montana State Code

Articles

Civil litigation

estoppel