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Estoppel may be a matter of law; it may also be claimed because of a loss of money or value (equity) by either party. A party is estopped (prevented) because the law indicates that the action is unlawful or because one of the parties will suffer an unfair financial loss if the act is permitted.
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Is there a difference between estoppel and promissory estoppel?
Yes, there is a difference between estoppel and promissory estoppel. Estoppel is a legal principle that prevents a party from arguing something contrary to a claim they previously made or accepted as true, often to avoid unjust consequences. Promissory estoppel, on the other hand, specifically applies when one party makes a promise that another party relies on to their detriment, even in the absence of a formal contract. In essence, promissory estoppel focuses on the reliance on a promise, while general estoppel pertains to preventing inconsistency in assertions.
What are the differences between estoppel by negligence and estoppel by representation?
Estoppel by representation occurs when one party makes a false statement or representation that another party relies on to their detriment. Estoppel by negligence, on the other hand, arises when a party fails to exercise due diligence or care in a situation and the other party suffers harm as a result. In estoppel by negligence, the focus is on the negligent actions or inactions of the party rather than a deliberate misrepresentation.
Distinquish between savings and financial surplus?
This is the difference between Income and Expenditure in a non-profit making business, where the income exceeds expenditure
What is the difference between equitable title and legal title?
distinction between legal and equitable title
What is the difference between ordinary and extra ordinary?
EXTRA!!
Esstoppel in writing?
An estoppel in writing agreement is a document that details a host of promises and conditions, oral and written, made between the tenant and the owner.
What is the difference between an ordinary grant and a tied grant?
The difference between a tied grant and an ordinary grant is that a tied grant has conditions and the ordinary grants don't!
Difference between ordinary prism and constant deviation prismdifference between ordinary prism and constant deviation prismdifference between ordinary prism and constant deviation prismdifference bet?
See this link.What_is_the_difference_between_ordinary_prism_and_constant_deviation_prism
What is the difference between equal treatment of students and equitable treatment of students?
Equal means treated the same. Equitable means treated with fairness and impartiality.
What is the difference between ordinary prism and constant deviation prism?
difference between ordinary prism and constant deviation prism
Can HOA pass dues of prior owner to new owner despite the fact that the new owner received free and clear title and an Estoppel Letter from the HOA?
If you have an estoppel letter stating that there are no outstanding dues or fees owed the HOA cannot pass any past due amounts on to you. That estoppel letter is binding.An estoppel letter is a legal document that outlines information regarding the current owner's financial standing in regards to the HOA, what is due and what has not been paid. It also indicates any assessments that are in progress or projected. The estoppel letter is legally binding. Negotiations often result between sellers and buyers once an estoppel letter is received and the negotiations determine who will be responsible for paying any amounts due. It is the responsibility of the buyer's attorney to make certain the buyer takes title with a clean slate.On the other hand, if the HOA is billing you for amounts due prior to your taking title that were reported in the estoppel letter then you need to call the attorney who represented you at your closing and forward the bills. Presumably, they didn't do their job. It would be a serious oversight on the part of that attorney if the outstanding fees and dues were not paid at the closing and the attorney should pay them.
What is the doctrine of estoppel?
An estoppel is a preclusion, in law, which prevents a man from alleging or denying a fact, in consequence of his own previous act, allegation or denial of a contrary tenor. That is, a person may not legally argue against his own words or acts. It is a bar or impediment (obstruction) which precludes a person from asserting a fact or a right, or prevents one from denying a fact. Such a hindrance is due to a person's actions, conduct, statements, admissions, failure to act, or judgment against the person in an identical legal case. Estoppel includes being barred by false representation or concealment (equitable estoppel), failure to take legal action until the other party is prejudiced by the delay (estoppel by laches), and a court ruling against the party on the same matter in a different case (collateral estoppel).
