TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 4 P27

Gale Encyclopedia of American Law Volume 4 P27 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | ET SEQ. 249 Legal Estoppel Legal estoppel consists of estoppel by deed and estoppel by record. Under the doctrine of estoppel by deed a party to a property deed is precluded from asserting as against another party to the deed any right or title in derogation of the deed or from denying the truth of any material fact asserted in the deed. For example suppose a father conveys a plot of land to his son by deed. Unbeknownst to the son the father actually does not own the plot of land at the time of the conveyance the father acquires title to the property only after the conveyance. Technically the son is not the legal owner of the property because his father did not own and did not have the right to transfer the real estate at the time of the conveyance. But under the doctrine of estoppel by deed the court may make good the imperfection of the poorly timed conveyance by finding the son to be the rightful owner of the plot of land Zayka v. Giambro 32 Mass. App. Ct. 748 594 894 1992 . The doctrine of estoppel by record precludes a party from denying the issues adjudicated by a court of competent jurisdiction collateral estoppel or any matter spelled out in a judicial record judicial estoppel . Collateral estoppel sometimes known as estoppel by judgment prevents the re-argument of a factual or legal issue that has already been determined by a valid judgment in a prior case involving the same parties. For example suppose Ms. Jones who owns a business next to Mr. Smith s sues Mr. Smith for damage to her property caused by the digging of a hole. Mr. Smith defends by arguing that the hole is on his land. After considering all the evidence the court determines that Mr. Smith owns the land. Later that year after a late night at work Mr. Smith cuts across the back lot falls into the hole and is injured. He then sues Ms. Jones for negligent maintenance of her property. In this situation the court will apply collateral estoppel preventing Mr. Smith from re-litigating an .

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