Equitable Estoppel Flashcards
1
Q
Equitable Estoppel
A
- Courts will exercise its “equitable” jurisdiction to prevent a party from denying their promise, despite no consideration
- Can only be used as a shield, not a sword
- This is not a cause of action
2
Q
Equitable Estoppel Requirements –
A
(1) Some form of legal relationship already exists
(2) One of the parties promises to release the other from some of all of the other’s legal dututes to them
(3) The other party, in relaince on that promise, acts in a way that alters their position and would make it a real hardship if the promiser reneges on their promise
3
Q
Example
A
frito lay employee drinks at work everyday and the boss is aware but tells the employee they will not be fired. Years later the behaviour is continued at they get fired. Can only get fired if they were told they would be fired.
