Equitable Estoppei

Definition of Equitable Estoppei

The doctrine by which a person may be precluded by his act or conduct, or silence when it is his duty to speak, from asserting a right which he otherwise would have had. Mitchell v. Mclntee, 15 Or.App. 85, 514 P.2d 1357, 1359. The effect of voluntary conduct of a party whereby he is precluded from asserting rights against another who has justifiably relied upon such conduct and changed his position so that he will suffer injury if the former is allowed to repudiate the conduct. American Bank & Trust Co. v. Trinity Universal Ins. Co., 251 La. 445, 205 So.2d 35, 40.

Elements or essentials of such estoppel include change of position for the worse by party asserting estoppel, Malone v. Republic Nat. Bank & Trust Co., Tex.Civ.App., 70 S.W.2d 809, 812; conduct by party estopped such that it would be contrary to equity and good conscience for him to allege and prove the truth, Rody v. Doyle, 181 Md. 195, 29 A.2d 290, 293; false representation or concealment of facts, Clark v. National Aid Life Ass’n, 177 Okl. 137, 57 P.2d 832, 833; Antrim Lumber Co. v. Wagner, 175 Okl. 564, 54 P.2d 173, 176; ignorance of party asserting estoppel of facts and absence of opportunity to ascertain them, Fipps v. Stidham, 174 Okl. 473, 50 P.2d 680, 684; injury from declarations, acts, or omissions of party were he permitted to gainsay their truth, Fleishbein v. Western Auto Supply Agency, 19 Cal.App.2d 424, 65 P,2d 928; Roberts v. FriedeU, 218 Minn. 88, 15 N.W.2d 496, 500; intention that representation should be acted on, Consolidated Cut Stone Co. v. Seidenbach, 181 Okl. 578, 75 P.2d 442, 452; knowledge, actual or constructive, of facts by party estopped, Antrim Lumber Co. v. Wagner, 175 Okl. 564, 54 P.2d 173, 176; Lillywhite v. Coleman, 46 Ariz. 523, 52 P.2d 1157, 1160; misleading person to his prejudice. United States, for Use and Benefit of Noland Co., v. Wood, C.C.A.Va., 99 F.2d 80, 82; omission, misconduct, or misrepresentation misleading another; reliance upon representation or conduct of person sought to be estopped, Wilkinson v. Lieberman, 327 Mo. 420, 37 S.W.2d 533, 536; George W. Armbruster, Jr., Inc. v. City of Wildwood, D.C.N.J., 41 F.2d 823,829.

Estoppel in pais and equitable estoppel are convertible terms, Brown v. Com Exchange Nat. Bank & Trust Co., 136 N.J.Eq. 430, 42 A.2d 474, 480.

That's the definition of Equitable Estoppei in Black's Law Dictionary 6th Edition. Courtesy of Cekhukum.com.