Have you ever heard the legal terms estopped and estoppel and wondered what they mean? In this article, we will explore the differences between these two terms and provide a clear understanding of their meanings.
Let’s answer the question of which of the two is the proper word. The answer is that both estopped and estoppel are correct, but they are used in different contexts. Estopped is used as a verb, while estoppel is used as a noun.
Now, let’s define these terms. Estopped is a legal term that means to prevent someone from making a claim or assertion that is contrary to their previous actions or statements. Estoppel, on the other hand, is a legal principle that prevents someone from denying the truth of a statement that they have previously made.
Understanding the differences between estopped and estoppel is important because they are often used in legal contexts. By knowing the meanings of these terms, you can better understand legal proceedings and the language used in them.
Define Estopped
Estopped is a legal term that refers to a situation where a person is prevented from making a certain claim or argument because of their previous actions or statements. Essentially, when a person is estopped, they are barred from denying the truth of something that they have previously stated or done.
For example, if a person signs a contract that contains a clause stating that they will not sue the other party for any reason, they are estopped from later bringing a lawsuit against that party. This is because they have already agreed not to do so in the contract.
Define Estoppel
Estoppel is a legal doctrine that is closely related to estopped. It refers to the principle that a person who has made a certain statement or taken a certain action cannot later deny the truth of that statement or action if it would cause harm to someone else.
For example, if a person tells their neighbor that they will not build a fence on a certain portion of their property, the neighbor may rely on that statement and refrain from building their own fence. If the person later decides to build a fence on that portion of their property, the neighbor may be able to use the doctrine of estoppel to prevent them from doing so.
Estoppel can also be used in a broader sense to refer to any situation where a person is prevented from making a certain claim or argument because of their previous actions or statements.
How To Properly Use The Words In A Sentence
Using the correct legal terminology in a sentence is crucial in conveying the intended meaning. The words estopped and estoppel are often used interchangeably, but they have distinct meanings. Here is a guide on how to use these words correctly in a sentence.
How To Use Estopped In A Sentence
Estopped is a legal term that means to prevent someone from making a claim or assertion that is contrary to their previous actions or statements. Here are some examples of how to use estopped in a sentence:
- He is estopped from denying his signature on the contract.
- The company is estopped from denying the employee’s entitlement to benefits.
- The defendant is estopped from asserting that he did not receive notice of the lawsuit.
As you can see, estopped is often used in the context of preventing someone from denying or contradicting a previous statement or action.
How To Use Estoppel In A Sentence
Estoppel is a legal doctrine that prevents someone from asserting a claim or defense that is inconsistent with their previous actions or statements. Here are some examples of how to use estoppel in a sentence:
- The doctrine of estoppel prevents the landlord from evicting the tenant for non-payment of rent.
- The defendant is estopped from asserting a defense that contradicts his previous testimony.
- The plaintiff is estopped from claiming ownership of the property due to his previous agreement to transfer the title.
Estoppel is often used in the context of preventing someone from asserting a claim or defense that is inconsistent with their previous actions or statements. It is a powerful legal doctrine that can have significant consequences in a case.
More Examples Of Estopped & Estoppel Used In Sentences
Here are some additional examples of how the terms “estopped” and “estoppel” can be used in sentences:
Examples Of Using Estopped In A Sentence
- He is estopped from denying his signature on the contract.
- The defendant is estopped from denying the plaintiff’s allegations.
- The party’s conduct has estopped them from asserting their rights.
- The plaintiff is estopped from pursuing the claim due to their prior actions.
- By accepting the benefits, the party is estopped from denying the obligations.
- The defendant’s actions have estopped them from asserting their defense.
- The party is estopped from claiming ignorance of the law.
- The plaintiff is estopped from denying the validity of the contract.
- The defendant is estopped from denying the existence of the partnership.
- The party is estopped from challenging the validity of the will.
Examples Of Using Estoppel In A Sentence
- The doctrine of estoppel prevents the party from asserting their rights.
- The plaintiff is relying on the principle of estoppel to support their claim.
- The defendant’s conduct has given rise to an estoppel against them.
- The party is precluded by estoppel from denying the truth of the statement.
- The court applied the doctrine of estoppel to prevent injustice.
- The party is estopped from denying the representation made by their agent.
- The plaintiff is invoking the doctrine of estoppel to prevent the defendant’s defense.
- The defendant’s silence has given rise to an estoppel against them.
- The party is estopped from denying the authority of the agent.
- The court found that the party was estopped from denying the validity of the contract.
Common Mistakes To Avoid
When it comes to legal terminology, it’s easy to get confused and mix up similar-sounding words. One common mistake that people make is using “estopped” and “estoppel” interchangeably. However, these two terms have distinct meanings and should not be used interchangeably.
Estopped Vs Estoppel
Estoppel is a legal principle that prevents a person from making a claim or denying a fact that contradicts what they have previously stated or done. Estoppel can be used as a defense in a legal case, and it can also be used affirmatively to prevent someone from taking a particular action.
Estopped, on the other hand, is the past tense of the verb “estop,” which means to prevent or stop someone from doing something. While estopped is a valid word, it is not interchangeable with estoppel.
Common Mistakes
One common mistake that people make is using “estopped” instead of “estoppel” when referring to the legal principle. This mistake may stem from the fact that both words have similar meanings, but it is important to use the correct term in legal writing and discussions.
Another common mistake is using “estoppel” to refer to the act of preventing someone from doing something. While estoppel can be used affirmatively to prevent someone from taking a particular action, it is not the same as the act of estopping someone.
Tips To Avoid Mistakes
To avoid these common mistakes, it’s important to familiarize yourself with the correct usage of these terms. When in doubt, consult a legal dictionary or seek advice from a legal professional. Additionally, proofread your writing carefully to ensure that you are using the correct terminology.
- Familiarize yourself with the definitions of “estoppel” and “estopped”
- Consult a legal dictionary or seek advice from a legal professional if you are unsure
- Proofread your writing carefully to ensure that you are using the correct terminology
Context Matters
When it comes to legal terminology, context is everything. The choice between using “estopped” or “estoppel” can depend on the specific context in which they are being used.
Examples Of Different Contexts
Let’s take a look at some different contexts where the choice between “estopped” and “estoppel” might change:
- Real Estate: In the context of real estate law, “estoppel” is often used to refer to a legal doctrine that prevents a party from denying the truth of a statement that has already been made. For example, if a landlord tells a tenant that they will not be evicted if they pay their rent on time, the landlord may be estopped from evicting the tenant if they do pay on time. On the other hand, “estopped” might be used in the context of a property owner who has been estopped from denying the existence of an easement on their property.
- Contracts: In contract law, “estoppel” can be used to prevent a party from denying the existence of a contract or from asserting a right that is contrary to their previous actions or statements. For example, if a seller tells a buyer that a product is in perfect condition and the buyer relies on that statement to make the purchase, the seller may be estopped from later denying that the product was defective. “Estopped” might be used in the context of a party who has been estopped from denying the validity of a contract due to their previous conduct.
- Intellectual Property: In the context of intellectual property law, “estoppel” can be used to prevent a party from making certain arguments or claims in a legal proceeding. For example, if a patent holder has previously made a statement that contradicts their current argument in a patent infringement case, they may be estopped from making that argument. “Estopped” might be used in the context of a party who has been estopped from asserting a particular defense in an intellectual property case.
As you can see, the context in which “estopped” and “estoppel” are used can have a significant impact on their meaning and usage. It is important to carefully consider the specific context and legal doctrine at play before choosing which term to use.
Exceptions To The Rules
While the rules for using estopped and estoppel are generally straightforward, there are certain exceptions where they might not apply. It is important to understand these exceptions to avoid any confusion or misapplication of the terms.
Exceptions For Estopped
- Void Contracts: If a contract is void, it cannot be enforced, and therefore, estopped cannot be used in such a scenario. For instance, if an individual signs a contract under duress, the contract is void, and estopped cannot be applied.
- Non-Existence of a Fact: If a fact does not exist, then estopped cannot be used. For example, if a person claims to have a valid license to operate a vehicle, but in reality, the license has expired, estopped cannot be applied.
- Change in Circumstances: If there is a change in circumstances that would make it inequitable to apply estopped, then it cannot be used. For instance, if a person makes a statement that is true at the time but later becomes false due to changed circumstances, estopped cannot be applied.
Exceptions For Estoppel
- Statute of Frauds: In some jurisdictions, the statute of frauds requires certain contracts to be in writing. If a contract is not in writing, estoppel cannot be used to enforce it.
- Public Policy: If applying estoppel would violate public policy, then it cannot be used. For example, if a person is estopped from denying paternity of a child, but DNA evidence later proves that he is not the father, estoppel cannot be applied as it would go against public policy.
It is important to note that these exceptions are not exhaustive, and there may be other scenarios where estopped and estoppel cannot be applied. Therefore, it is essential to seek legal advice before relying on these terms in any given situation.
Practice Exercises
Now that you have a better understanding of the difference between estopped and estoppel, it’s time to put your knowledge to the test. Here are some practice exercises to help you improve your understanding and use of these terms in sentences:
Exercise 1: Fill In The Blank
Fill in the blank with either “estopped” or “estoppel” to complete the sentence correctly:
- John was __________ from denying that he signed the contract.
- The principle of __________ prevents a person from denying the truth of a statement that they previously made.
- The court found that the defendant was __________ from challenging the validity of the will.
- The plaintiff argued that the defendant was __________ from denying liability for the accident.
Answer Key:
- estopped
- estoppel
- estopped
- estopped
Exercise 2: Identify The Correct Term
Choose the correct term to complete the sentence:
- The doctrine of __________ prevents a person from denying the truth of a statement that they previously made.
- a) estopped
- b) estoppel
- a) estopped
- b) estoppel
- a) estopped
- b) estoppel
- a) estopped
- b) estoppel
Answer Key:
- b) estoppel
- a) estopped
- a) estopped
- a) estopped
By completing these exercises, you can improve your understanding and use of estopped and estoppel in sentences. Keep practicing and soon you’ll be using these terms with confidence!
Conclusion
After exploring the differences between estopped and estoppel, it is clear that these terms have distinct meanings in the legal world.
Estoppel is a legal principle that prevents a person from denying or asserting something contrary to what they previously stated. Estopped, on the other hand, is the past tense of estop, which means to prevent or stop someone from doing something.
It is important to understand these differences to avoid confusion and potential legal issues.
Key Takeaways
- Estoppel is a legal principle that prevents a person from denying or asserting something contrary to what they previously stated
- Estopped is the past tense of estop, which means to prevent or stop someone from doing something
- Understanding the differences between these terms is crucial to avoid confusion and potential legal issues
As with any aspect of language and grammar, there is always more to learn. We encourage readers to continue expanding their knowledge and understanding in this area.
Shawn Manaher is the founder and CEO of The Content Authority. He’s one part content manager, one part writing ninja organizer, and two parts leader of top content creators. You don’t even want to know what he calls pancakes.