A Study on Principle of Estoppel in English and American Law

There are few, if any, topics of the law or relationships of which the law takes cognizance which are not affected to a greater or lesser degree by the principles of estoppel. When an estoppel binds a party to litigation he is prevented from placing reliance on or denying the existence of certain facts. From the point of view of the party in whose favour they operate, estoppels render the proof of certain fact unnecessary, and from the point of view of the party against whom they operates, estoppels have the effect of an absolute exclusionary rule. Also it is possible to argue that estoppel is better regarded as a matter of pleading or substantive law, rather than a rule of evidence. Estoppels are of three kinds; estoppel by judgment (or record), estoppel by deed and estoppel by matter in pais (or by conduct). This article discusses the basic principles of estoppel with only such specific application thereof as appears to be essential to an effective presentation of the subject.