What is the difference between presumption and estoppel?
Asked by: Christina Stanton II | Last update: February 5, 2026Score: 4.9/5 (4 votes)
Presumption is a legal inference that a fact is true (e.g., a child born in marriage is the husband's), while estoppel prevents a party from denying a fact or statement they previously asserted, usually due to another party's reliance, preventing unfairness. The core difference is that a presumption is an assumption made by law or logic (rebuttable or not), whereas estoppel is a bar preventing someone from going back on their word or actions, acting as a rule of fairness to stop inconsistency.
What is the simple meaning of estoppel?
Estoppel is a crucial legal principle that prevents someone from denying their previous statements, promises, or actions. In simpler terms, if a person makes a promise or claim and another person acts based on that, the first person cannot later go back on their word.
What is the presumption of estoppel?
'Estoppel' and 'presumption'-An estoppel is a personal disqualification laid upon a person under peculiar circumstances from proving particular facts, whereas a presumption is a rule that a particular inference is to be drawn from particular facts, whoever proves them.
What are the three types of estoppel?
by representation of fact, where one person asserts the truth of a set of facts to another; promissory estoppel, where one person makes a promise to another, but there is no enforceable contract; and. proprietary estoppel, where the parties are litigating the title to land.
What is the principle of presumption?
It is a cardinal principle of our system of justice that every person accused of a crime is presumed to be innocent unless and until his or her guilt is established beyond a reasonable doubt. The presumption is not a mere formality. It is a matter of the most important substance.
What is Promissory Estoppel? [No. 86]
What is the purpose 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 presumption under section 118?
The presumption under Section 118 of the NIA is a rebuttable presumption of law, i.e., a mandatory presumption that can be proved contrary. There are two meanings of the burden of proof, one is the matter of law and pleading and the other is the burden of establishing the case.
What is the meaning of presumption in simple words?
a. : an attitude or belief dictated by probability : assumption. b. : the ground, reason, or evidence lending probability to a belief.
What are the 12 presumptions?
There are twelve (12) key presumptions asserted by the private Bar Guilds which if unchallenged stand true being Public Record, Public Service, Public Oath, Immunity, Summons, Custody, Court of Guardians, Court of Trustees, Government as Executor/Beneficiary, Executor De Son Tort, Incompetence, and Guilt: 1.
What is the rule of presumption?
Presumption: meaning of
It is a rule which treats an unknown fact as proved on proof or admission of certain other facts. It means a rule of law that Courts shall draw a particular inference from a particular fact or from a particular evidence, unless and until the truth of such inference is disproved.
What is the burden of proof for estoppel?
Estoppel is considered an affirmative defense and the burden is on the defendant to prove the requirements of the defense are met. Court Opinions; POL. Affirmative defenses such as estoppel must be pled by the defendant and should be raised at the first opportunity to avoid the risk of waiver.
What is the difference between res judicata and estoppel?
Estoppel focuses on preventing inconsistency in a party's position, while res judicata aims to prevent repetitive litigation by enforcing finality on legal matters. Estoppel is based on rule of equity, justice and good consciences. Res judicata is based on public policy.
Is estoppel a claim or defence?
Although estoppel is an equitable remedy, generally thought to be used as a shield rather than a sword – essentially a defence to a claim rather than a claim in itself – it is increasingly common that estoppel will form a claim in its own right.
What is the meaning of estoppel in one word?
estoppel. n. 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.
What are the grounds for estoppel?
At common law, estoppel by representation was a rule of evidence, the rule being that in litigation between the parties to the estoppel, one party would not be permitted to set up the disparity between the true facts and those which the other party had been caused to 'assume' to be the facts.
What is the basic presumption?
The Basic presumption is triggered if the shareholders can show (1) that the alleged misrepresentations were publicly known, (2) that they were material, (3) that the stock traded in an efficient market, and (4) that the shareholders traded the stock between the time the misrepresentations were made and when the truth ...
What are the two types of presumptions used in the law of evidence?
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions.
What three conditions must be met before the principle of promissory estoppel can be applied?
The doctrine of promissory estoppel is invoked in the interests of justice when three conditions are met: (1) the promise is one that the promisor should reasonably expect to induce the promisee to take action or forbear from taking action of a definite and substantial character; (2) the action or forbearance is taken; ...
What problems does estoppel avoid?
Equitable estoppel prevents someone from taking a legal position that contradicts their previous actions or statements, when their doing so would harm someone else who accepted the original actions or statements in good faith and acted accordingly.
Does an estoppel need to be notarized?
Estoppels May Require a Notarized Signature
Many require notarization so that the process can take a few days. As a buyer, delays in receiving these documents can slow down closing. That's why it's important to work with sellers who are proactive in managing this step with their tenants.