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Equitable estoppel is an affirmative defense that generally prevents one party from misleading another to the other’s detriment or to the misleading party’s own benefit. Under Texas law, the doctrine of equitable estoppel is available when a person with actual or constructive knowledge of material facts makes a false representation or ...
Mar 9, 2022 · The lynchpin for all equitable estoppel is equity. Texas law includes a number of variations on the general principle of equitable estoppel, such as: interdependent and concerted misconduct estoppel;
Equitable Estoppel. Equitable estoppel is not an independent cause of action but rather is usually used defensively to avoid a defense such as the statute of limitations. Equitable estoppel requires the following elements: (1) a false representation or concealment of material facts; (2) made with knowledge, actual or constructive, of those ...
The acceptance-of-benefits doctrine precludes a litigant from challenging a judgment after voluntarily accepting the judgment’s benefits: “A litigant cannot treat a judgment as both right and wrong.”1 Applying this estoppel-based equitable doctrine,2 the court of appeals dismissed the petitioner’s appeal challenging the property ...
concealment or equitable estoppel, on which we have held the plaintiff must raise a fact issue to avoid summary judgment. See Nichols v. Smith, 507 S.W.2d 518, 521 (Tex. 1974) (holding it was plaintiff’s “burden . . . to come forward with proof raising an issue of fact with respect to fraudulent
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Jul 25, 2019 · Code Ann. § 22.004 (West). Texas courts have recognized adoption by estoppel (also known as equitable adoption) since 1934. See, e.g., Cubley v. Barbee, 73 S.W.2d 72, 83 (Tex. 1934). To prove adoption by estoppel in Texas, a person must show (1) the existence of an agreement by the parent to adopt the child and (2) “performance” by the child.
Jan 21, 2023 · Bolton sues Rob to enforce the contract. Rob may be able to use promissory estoppel as an affirmative defense. Equitable estoppel: This type of estoppel can occur when the plaintiff has hidden important information or misled the defendant, knowing the defendant would use that information and act on it in a way that would negatively affect him.
