BSA Section 121 — Estoppel

Summary

When one person, through their words, actions, or failure to act, deliberately causes another person to believe something is true and to rely on that belief, neither the first person nor their legal representative can later deny that the thing is true in any legal case between them and the other person or that person's representative.

The illustration shows this rule in practice: A intentionally and falsely makes B believe that certain land belongs to A, which leads B to buy and pay for it. Later, the land becomes A's property, and A tries to cancel the sale by claiming he had no title at the time of the sale. A is not allowed to prove his lack of title.

Official Text

When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.

Illustration. A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.

Old <-> New Code Mapping

• IEA §115 — Estoppel