Evidence Law Notes for Evidence Law Notes

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Basis and underlying principle

The principle of estoppels is based on the principle of equity and good conscience. The object of the principle of estoppels is to prevent fraud and to manifest good faith amongst the parties .This principle is enshrine in the Roman Maxim’ Allgans Contraria Non Est Audiendus.’ It means ‘a man alleging contradictory facts ought not be heard.” This principle of estoppels was laid in the case of Pickard vs. Seers.

The object of the doctrine of estoppels is to protect the interest of a person who acted in good faith , believing the statement of another. It is based on the three moral principles as stated below:

  • No one can blow hot and cold in the same breath.

  • No one can take the advantage of one’s wrong ;and

  • No on can approbate(accept)and reprobate(reject) at the same time.

Essential Elements:

To constitute’ estoppel ‘the following conditions are to be satisfied.

  • There must be a declaration (act or omission) on the part of one person, intentionally causing or permitting another person to believe a thing to be true.

  • The other person (to whom the declaration is made) must believe that thing to be true.

  • There must be some act in pursuance of that belief.

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