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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 New Jersey, the doctrine of estoppel is recognized and can be applied in various legal contexts to prevent a party from taking a position contrary to one that party previously took, especially if another party has relied on the initial position to their detriment. This principle is often invoked in civil litigation to ensure fairness and consistency. For example, if a party has made representations upon which another has reasonably relied to their disadvantage, the party making the representations may be estopped from denying them. Estoppel can take several forms in New Jersey law, including promissory estoppel, equitable estoppel, and estoppel by deed, among others. The specific application of estoppel will depend on the facts of each case, and New Jersey courts will consider the conduct of the parties and the fairness of applying the doctrine in the situation at hand.

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Civil litigation

estoppel

Individual & Family Legal Plan

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New-Jersey State Code

New-Jersey State Code

Civil litigation

estoppel

Articles