estoppel

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estoppel (estop´əl),

n a preclusion, in law, that prevents a person from alleging or denying a fact because of his or her own previous act or allegation.
References in periodicals archive ?
As such, these decisions can form the basis for a claim of collateral estoppel in a later proceeding.
For many years, collateral estoppel remained limited in application because of the requirement of mutuality.
Court eliminated the requirement of mutuality in collateral estoppel when used defensively, in its Blonder-Tongue Labs Inc.
Analysis of the effects of cause of action estoppel has three major methodological goals: (a) to reexamine the rule in light of the behaviour modification model.
The article shows that, in many cases, the cause of action estoppel rules have undesirable effects on the conduct of litigation, including stimulating overlitigation in the initial action.
The primary objective of the present article is to draw attention to some behavioural and economic effects of the rule of cause of action estoppel in civil actions.
Answering in the negative, the court opened its analysis by noting that historically, collateral estoppel has only been used to preclude subsequent litigation of an identical issue previously litigated by the same parties, or those in privity with the parties.
40) In stark contrast, Florida cases decided after Stogniew indicate that lower courts are heeding--and not departing from--the Florida Supreme Court's firm declaration that "we are unwilling to follow the lead of certain other states and of the federal courts in abandoning the requirements of mutuality in the application of collateral estoppel.
Stogniew suggests that collateral estoppel principles will not operate to bind subsequent civil suits based upon prior administrative determinations in Florida.
Instead of looking to tort, they should instead have turned to equity and the doctrines of estoppel contained therein.
It is settled that an estoppel by convention may arise where parties to a transaction act on an assumed state of facts or law, the assumption being either shared by them both or made by one and acquiesced in by the other.
119) Thus, according to the Court, the current doctrinal requirements of conventional estoppel are as follow: