ESTOPPELS-LEGAL AND EQUITABLE-QUESTION AS TO WHETHER EQUITABLE ESTOPPELS MAY BE A DEFENSE AT LAW

Authors

Abstract

An estoppel has been defined as "an impediment or bar, by which a man is precluded from alleging, or denying a fact, in consequence of his own previous act, allegation, or denial to the contrary". Jacob. In both law and equity estoppels were introduced at a very early date. Legal estoppels long antedated Coke, who attempted to enumerate them. Co. LIT. (17th ed.) 352, a. In fact, in some forms, as the estoppels by deed and of record, legal estoppels must have existed from the early beginnings of the common law. The doctrine which gave rise to equitable estoppels also is very old, being recognized and applied in a great number of early cases. Teasdale v. Teasdale, 13 Vin. Abr. 539; Webber v. Farmer, 13 Vin. Abr. 525; Lamlee v. Hanman, 2 Vernon 499. Though both are called estoppels, it is very important that legal estoppels should never be confounded with equitable estoppels. Both, it is true, are alike in one thing; they preclude the party estopped from showing the truth in the individual case. But the principles upon which they operate in doing so are entirely different.

Recommended Citation

ESTOPPELS-LEGAL AND EQUITABLE-QUESTION AS TO WHETHER EQUITABLE ESTOPPELS MAY BE A DEFENSE AT LAW, 24 Mich. L. Rev. 287 (1926).
Available at: https://repository.law.umich.edu/mlr/vol24/iss3/8