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Previous Thread Next Thread Print Thread Legal words #68919 05/06/02 02:07 PM Joined: Jan 2001 Posts: 13,858 W wwh OP Carpal Tunnel OP wwh Carpal Tunnel W Joined: Jan 2001 Posts: 13,858 Estoppel is a dandy legal word whose definition made my head spin. My paraphrasis is "you can't have it two ways." For a dictionary of legal terms:[ur;]www.butterworths.com.au/legalwords/default.htm [/url] Copy Link to Clipboard Share Post on Facebook Share Post on Twitter Re: Legal words #68920 05/06/02 05:53 PM Joined: Jan 2001 Posts: 1,773 Sparteye Pooh-Bah Sparteye Pooh-Bah Joined: Jan 2001 Posts: 1,773 Just because I know that you enjoy having your head spin, Dr Bill ~ There are several different types of estoppel. Here are the major variations under Michigan law. Collateral estoppel - Generally, collateral estoppel precludes relitigation of an issue if a question of fact essential to the judgment was actually litigated and determined by a valid and final judgment, the same parties had a full opportunity to litigate the issue, and there is mutuality of estoppel. Equitable estoppel - Equitable estoppel can arise when: (1) a party, by representations, admissions, or silence, intentionally or negligently induces another party to believe facts; (2) the other party justifiably relies and acts on that belief; and (3) the other party would be prejudiced if the first party were allowed to deny the existence of those facts. Promissory estoppel - To establish a claim based on promissory estoppel, there must be: (1) a promise; (2) that the promisor should reasonably have expected to induce action of a definite and substantial character on the part of the promisee; (3) which in fact produced reliance or forbearance of that nature; and (4) in circumstances such that the promise must be enforced if injustice is to be avoided. You can read about cases involving estoppel here: http://courtofappeals.mijud.net/Digest/topiclists/Estoppel_pg1.htm Copy Link to Clipboard Share Post on Facebook Share Post on Twitter Re: Legal words #68921 05/07/02 01:45 PM Joined: Jan 2001 Posts: 13,858 W wwh OP Carpal Tunnel OP wwh Carpal Tunnel W Joined: Jan 2001 Posts: 13,858 laches - long ago I heard short definition: "sleeping on your rights". In case mentioned, I think city could have had defense that it did not learn of the fence until six months after it was built. Also, it seems llikely that a permit would have been required, so if fence were built without permit, laches would not be a defense. Too bad Keiva isn't with us. Copy Link to Clipboard Share Post on Facebook Share Post on Twitter laches #68922 05/07/02 03:06 PM Joined: Jan 2001 Posts: 1,773 Sparteye Pooh-Bah Sparteye Pooh-Bah Joined: Jan 2001 Posts: 1,773 The application of the doctrine of laches requires the passage of time combined with a change in condition which would make it inequitable to enforce the claim against the defendant. The defendant must prove a lack of due diligence on the part of the plaintiff which resulted in some prejudice to the defendant. The concept of "due diligence" on the part of the plaintiff encompasses the situation in which the plaintiff does not know of the condition giving rise to the claim (in your example, the fence) for a period of time... the question is whether the plaintiff knew or should have known of the condition. Copy Link to Clipboard Share Post on Facebook Share Post on Twitter Moderated by  Jackie  Hop To General Topics ------  Information and announcements  Q&A about words  Wordplay and fun  Words and languages in schools  Miscellany  Weekly Themes  Looking for (writers, speakers,... (Old) Weekly themes. (have been... ------  Words from medicine  Beheading words  Meta-words  Words from classical mythology  Animal Safari  Words with unusual etymologies  Eponyms or words derived from p...  Loanwords from German  English as a global language Print Thread Switch to Threaded Mode Show Likes Link Copied to Clipboard View Profile Private Message Follow User Forum Posts Like Summary View Profile Private Message Follow User Forum Posts Like Summary View Profile Private Message Follow User Forum Posts Like Summary View Profile Private Message Follow User Forum Posts Like Summary Forum Statistics Forums16 Topics13,913 Posts229,351 Members9,182 Most Online3,341 Dec 9th, 2011 Newest Members Ineffable, ddrinnan, TRIALNERRA, befuddledmind, KILL_YOUR_SUV 9,182 Registered Users Who's Online Now 0 members (), 653 guests, and 1 robot. Key: Admin, Global Mod, Mod Top Posters(30 Days) wofahulicodoc 27 A C Bowden 22 LukeJavan8 2 ddrinnan 1 Top Posters wwh 13,858 Faldage 13,803 Jackie 11,613 wofahulicodoc 10,549 tsuwm 10,542 LukeJavan8 9,918 Buffalo Shrdlu 7,210 AnnaStrophic 6,511 Wordwind 6,296 of troy 5,400

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