DOCTRINE OF EQUITABLE ESTOPPELS

➢Doctrine of equitable estoppel is a common law

doctrine and it also termed as ‘estoppel by
conduct or estoppel in pais’.
➢Equitable estoppel denotes a creation or
encouragement by the defendant in the other
party of an assumption that a contract will come
into existence or a promise will be performed and
for the other party to have relied upon that
assumption to his or her detriment to the
knowledge of the first party.

OBJECT
The object of equitable estoppel is not to enforce
promises but to avoid the detriment suffered by
a party who relies on a promise.
ELEMENTS
1) Assumption or Expectation
There must be a clear and unambiguous assumption
or expectation by the party that a contract will come
into existence or that a promise will be fulfilled.
 2) Encouraged or Induced
An aspect of unconscionable conduct is that the
defendant played a part in the other party adopting the
assumption or expectation, often by way of a promise
or representation on the behalf of the defendant.
3) Reliance
The party claiming estoppel must act or abstain from
acting in reliance upon the assumption or expectation.
The party’s reliance upon an assumption must be
reasonable.
4) Knowledge or Intention
The party who induced the adoption of an assumption
or expectation must know or intend the other party to
act or abstain from acting on reliance on the
assumption or expectation.
5) Detriment
The party will suffer detriment if the assumption or
expectation goes unfulfilled.
6) Failure to avoid detriment
The party encouraging or inducing the assumption
must fail to avoid the detriment suffered by the party
claiming estoppel, by failing to fulfill the assumption
or encouragement