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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 South Dakota, the legal principle of estoppel is recognized and can be applied in various contexts, including contract disputes, property issues, and other civil matters. Estoppel prevents a party from asserting a claim or a defense that contradicts their previous statements or actions if the other party has relied on those statements or actions to their detriment. This reliance must be reasonable, and the change in position must result in some form of injustice or harm to the party that relied on the original stance. South Dakota courts will consider whether the application of estoppel is appropriate on a case-by-case basis, taking into account the specific facts and circumstances of each situation. The doctrine serves to promote fairness and integrity by holding parties accountable for their conduct and representations.

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Civil litigation

estoppel

Individual & Family Legal Plan

Articles

South-Dakota State Code

South-Dakota State Code

Civil litigation

estoppel

Articles