Is judicial estoppel the same as equitable estoppel?

• Estoppel by Silence or Acquiescence.
• Employment Estoppel.
• Reliance-based estoppels: Promissory estoppel, without any enforceable contract a promise has been made by one party to another. ...
• Estoppel by deed.
• Estoppel by record.
• Estoppel Against Minor.
• Estoppel by deed.

How do you call judicial estoppel?

In this respect, where a plaintiff fails to list a cause of action in sworn bankruptcy filings and then files a lawsuit to recover money damages in connection with that cause of action, courts will invoke the doctrine of judicial estoppel to prevent the plaintiff from taking inconsistent positions in two court ...

Is judicial estoppel an affirmative defense?

A court will typically invoke judicial estoppel where the earlier position was accepted by the court and the later position is clearly contradictory. Judicial estoppel may be raised as an affirmative defense.

What is equitable promissory estoppel?

Essentially, Promissory estoppel is an equitable doctrine, which is based on fairness. In some instances, it can stop a person going back on a promise, which is not supported by consideration.

How do you plead equitable estoppel?

"Generally speaking, four elements must be present in order to apply the doctrine of equitable estoppel: (1) the party to be estopped must be apprised of the facts; (2) he must intend that his conduct shall be acted upon, or must so act that the party asserting the estoppel had a right to believe it was so intended; (3 ...

Is promissory estoppel an equitable remedy?

Promissory estoppel and breach of contract are generally inconsistent remedies. ... It is an equitable remedy in which the court prevents a party from taking inconsistent positions/promises.

Does judicial estoppel apply to the government?

v. Merrill, 332 U.S. 380 (1947). No decision of the Supreme Court holds that equitable estoppel lies against the government in any circumstance.

What is the equitable doctrine of laches?

A doctrine in equity that those who delay too long in asserting an equitable right will not be entitled to bring an action.

What is judicial estoppel Florida?

Under the “universal rule,” accepted in Florida and “in every other jurisdiction,” a party is “estopped” to assert inconsistent positions in litigation.

When can you use equitable estoppel?

The legal definition of equitable estoppel, as found in Evidence Code section 623 states: “When a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, ...

What is equitable estoppel in real estate?

Equitable estoppel is the effect of the voluntary conduct of a party whereby he or she is absolutely precluded, both at law and in equity, from asserting rights which perhaps have otherwise existed, either of property, contract, or remedy, as against another person who has in good faith relied upon such conduct and has ...

What is equitable waiver?

Equity waiver is a term used in reference to the performance at 99-seat or less theaters. In order to perform or to be on stage there, an actor doesn't have to be in the union.

What is the difference between promissory estoppel and proprietary estoppel?

The key difference between the two forms of estoppel is that while promissory estop- pel focuses on promises by A to B that B has or will gain an enforceable right or power, proprietary estoppel focuses on promises by A to B that B has or will be granted a pro- prietary right in A's land.

Where there is equal equity the law shall prevail?

Where the equities are equal, the law prevails. In case neither of the parties has been wronged and both stand at an equitable position, the legal remedy will be prioritized. Equity shall not provide any specific remedy in case both the parties have equal causes.

What do you understand by judicial review?

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

What is a judicial admission?

Judicial Admissions. Page 1. JUDICIAL ADMISSIONS. A judicial admission is a formal stipulation by party or counsel that concedes any element of a claim or defense. ' Its effect is to determine the issue conclusively, to dispense entirely with the need for further evidence.

What is the doctrine of waiver and estoppel?

Waiver can be defined as the intentional relinquishment of a known right. Estoppel prevents a person or organization from adopting a position, action, or attitude inconsistent with an earlier position if it would result in an injury to another person.

What is an equitable defense?

From Wikipedia, the free encyclopedia. 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.

Is laches an equitable defense?

Laches is an equitable defense, or doctrine. A defendant who invokes the doctrine is asserting that the claimant has delayed in asserting its rights, and, because of this delay, is no longer entitled to bring an equitable claim. ... The party asserting laches has the burden of proving that it is applicable.

Is promissory estoppel an affirmative defense?

Rob may be able to use promissory estoppel as an affirmative defense.

What is remedy equity?

Equitable remedies are actions rather than a financial award. They are often granted when monetary compensation or other legal remedies do not provide an adequate resolution. The court may require that legal damages must be unavailable before a judge will award equitable relief.