Is equitable estoppel an affirmative defense?

• Failure to state a cause of action. ...
• Running the statute of limitations. ...
• Lack of standing to sue. ...
• Res Judicada/Collateral Estoppel. ...
• Laches. ...
• Failure to mitigate damages. ...
• Offset.

What is the affirmative defense of estoppel?

Estoppel is an equitable doctrine , a bar that prevents one from asserting a claim or right that contradicts what one has said or done before, or what has been legally established as true. Estoppel may be used as a bar to the re-litigation of issues or as an affirmative defense .

What is the difference between promissory estoppel and equitable estoppel?

Promissory estoppel involves a clear and definite promise, while equitable estoppel involves only representations and inducements. The representations at issue in promissory estoppel go to future intent, while equitable estoppel involves statement of past or present fact.

Is equitable estoppel a claim or defense?

Estoppel in pais (also called equitable estoppel) is a defense doctrine that prevents a party from using a right against another party when the right arises out of misleading actions from the person claiming the right.

When can you use equitable estoppel?

A non-contractual promise can give rise to an equitable estoppel only when the promisor induces the promisee to assume or expect that the promise is intended to affect their legal relations and he knows or intends that the promisee will act or abstain from acting in reliance on the promise, and when the promisee does ...

How to plead equitable estoppel?

Four elements must ordinarily be proved to establish an equitable estoppel: (1) the party to be estopped must know the facts, (2) he must intend that his conduct shall be acted upon, or must so act that the party asserting the estoppel had the right to believe that it was so intended, (3) the party asserting the ...

What is not an affirmative defense?

An affirmative defense is different from a "negating defense". A negating defense is one which tends to disprove an element of the plaintiff's or prosecutor's case.

What are equitable affirmative defenses?

Equitable defenses are usually affirmative defenses asking the court to excuse an act because the party bringing the cause of action has acted in some inequitable way. Traditionally equitable defenses were only available at the Court of Equity and not available at common law.

What is the burden of proof for an affirmative defense?

The party raising the affirmative defense has the burden of proof on establishing that it applies. Raising an affirmative defense does not prevent a party from also raising other defenses. Self-defense , entrapment , insanity , necessity , and respondeat superior are some examples of affirmative defenses.

What is the difference between res judicata and estoppel?

Estoppel is that rule which prohibits a person from contradicting what was earlier said by him in a court of law. Res judicata is that principle which prohibits the other courts from deciding on the same matter, between the same parties which has already been decided by a competent court.

How does collateral estoppel work?

Also known as issue preclusion. A legal doctrine that prevents a party from relitigating an issue that was resolved in a previous lawsuit or administrative proceeding, even if the issue relates to a different claim.

Is issue preclusion the same as collateral estoppel?

Collateral estoppel, also known as issue preclusion, prohibits the same issue of fact or law to be litigated again. To be estopped, the issue of fact or law must have been necessary to the decision in the first case.

What is the remedy for equitable estoppel?

Remedies. The courts can order a range of remedies on the basis of equitable estoppel. Typically, the relief is either a fulfilment of the plaintiff's expectation or sufficient damages to compensate for any loss incurred as a result of the expectation.

What is an example of equitable estoppel?

Courts have found instances of equitable estoppel in a range of situations, including: Contract disputes, such as when a contractor initially agrees to a price to perform work on a house and then later increases the price.

What is the difference between equitable estoppel and judicial estoppel?

“While judicial estoppel is designed to protect the integrity of the judicial process, equitable estoppel is intended to ensure fairness between the parties....

What is an example of an affirmative defense of estoppel?

Promissory Estoppel

The affirmative defense may arise if the defendant relied on certain representations made by the plaintiff. For example, if the plaintiff told the defendant that non-performance was “fine” and that the deal was off, then promissory estoppel may be a valid defense.

What is the difference between laches and equitable estoppel?

Laches bars a party from asserting a legal right after an unreasonable delay if the opposing party has been prejudiced. Equitable estoppel prevents a party from taking a legal position inconsistent with their prior conduct if the other party reasonably relied on that conduct.

Does equitable estoppel apply to statute of limitations?

Equitable estoppel, or “equitable tolling,” may be raised by a plaintiff in opposition to a statute of limitations defense. But, for equitable estoppel to apply, there must be some conduct on the part of defendant after the initial wrongdoing: mere silence or the failure to disclose the wrongdoing is insufficient.

Is res judicata an affirmative defense?

The U.S. Court of Appeals noted in the case of Rivet v. Regions Bank of La. that res judicata is an affirmative defense. Additionally, if the defendant is successful in proving that res judicata is applicable, the entire case will be dismissed, irrespective of the facts and evidence raised by the plaintiff.

Is promissory estoppel an equitable defense?

Promissory estoppel is an equitable doctrine that prevents, or “estops,” a party from withdrawing a promise that a second party has reasonably relied on.

What is failure of consideration in affirmative defense?

Failure of Consideration as a Defense

Sometimes referred to as “failure of performance” (Restatement (2d) of Contracts, § 237), this defense can be raised in a contract case when the defendant can show that the plaintiff did not hold up its end of the agreement.