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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 North Carolina, estoppel is a legal doctrine that can prevent an individual or entity from asserting a claim or a defense that is contrary to what they have previously stated or agreed to, especially when another party has relied on that previous conduct to their detriment. This principle is designed to promote fairness and honesty in dealings. Estoppel can arise in various contexts, such as contract disputes, property issues, and employment matters. The specific application of estoppel can depend on the circumstances of each case, and there are different types of estoppel, such as promissory estoppel, equitable estoppel, and estoppel by deed, among others. North Carolina courts will consider factors such as the representations made by the party being estopped, the reliance by the other party, and whether that reliance was reasonable and led to a detriment. It is important to note that the application of estoppel is fact-specific and can be complex, often requiring analysis by an attorney to determine its applicability in a particular situation.

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Civil litigation

estoppel

Individual & Family Legal Plan

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North-Carolina State Code

North-Carolina State Code

Civil litigation

estoppel

Articles