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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 Nebraska, the doctrine of estoppel is recognized and can be applied in various legal contexts to prevent a party from asserting a position contrary to one that they have previously taken, especially if another party has relied on the initial position to their detriment. Estoppel can arise in many forms, such as promissory estoppel, equitable estoppel, or estoppel by deed. For instance, promissory estoppel may protect a party who has relied on a promise that another party later attempts to retract. Nebraska courts will consider factors such as the representation or conduct of the party being estopped, the reliance by the other party, and whether this reliance was reasonable and led to a detriment. The application of estoppel is fact-specific and will depend on the circumstances of each case. It is designed to uphold fairness and prevent injustice that would result from a party going back on their word or previous stance.

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Civil litigation

estoppel

Individual & Family Legal Plan

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Nebraska State Code

Nebraska State Code

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Civil litigation

estoppel