Estoppel in law of contract
The word “estoppel” is from the French word “estoupail” which means stopper plug. It is related to the verb “estop” – “stop up, impede (hold up)”. “Estoppel” is based on a principle of justice and equity.1 Inevitably, estoppel is also part and parcel of the common law, especially in adjectival laws,...
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| Main Authors: | , , |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
CLJ Malaysia Sdn Bhd
2024
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/115765/1/115765_Estoppel%20in%20law%20of%20contract.pdf http://irep.iium.edu.my/115765/ https://www.cljlaw.com/store/product/contract-law-in-malaysia/ |
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| Summary: | The word “estoppel” is from the French word “estoupail” which means stopper plug. It is related to the verb “estop” – “stop up, impede (hold up)”. “Estoppel” is based on a principle of justice and equity.1 Inevitably, estoppel is also part and parcel of the common law, especially in adjectival laws, i.e., evidence and procedures, to curtail any undue advantages or unfairness in the law as one cannot be allowed to “blow hot and cold” at the same time.2 Basically, estoppel is used to prevent a person from relying upon certain rights or upon a set of facts that is different from an earlier set of facts. In light of the above, this chapter discusses the various types of equitable estoppel together with its application in terms of the scope and limitation and with reference to the decided cases. |
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