Estoppel

Description: This quiz will test your knowledge on Estoppel, a legal principle that prevents a person from asserting a right or claim that is inconsistent with a previous statement or action.
Number of Questions: 14
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Tags: estoppel legal principles trade secret law
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What is the primary purpose of estoppel?

  1. To prevent a person from asserting a right or claim that is inconsistent with a previous statement or action.

  2. To allow a person to assert a right or claim that is inconsistent with a previous statement or action.

  3. To provide a defense to a person who has been accused of a crime.

  4. To create a new legal right or claim.


Correct Option: A
Explanation:

Estoppel is a legal principle that prevents a person from asserting a right or claim that is inconsistent with a previous statement or action. This is done to prevent people from making contradictory statements or taking contradictory actions, which can lead to confusion and injustice.

What are the three main types of estoppel?

  1. Estoppel by deed, estoppel by record, and estoppel by conduct.

  2. Estoppel by deed, estoppel by estoppel, and estoppel by conduct.

  3. Estoppel by deed, estoppel by record, and estoppel by law.

  4. Estoppel by deed, estoppel by record, and estoppel by estoppel.


Correct Option: A
Explanation:

The three main types of estoppel are estoppel by deed, estoppel by record, and estoppel by conduct. Estoppel by deed occurs when a person makes a formal statement or promise in a written document, such as a deed or contract. Estoppel by record occurs when a person makes a statement or admission in a court proceeding. Estoppel by conduct occurs when a person acts in a way that leads another person to believe that they have a certain right or claim.

What are the elements of estoppel by deed?

  1. A written document, a statement or promise, and reliance by the other person.

  2. A written document, a statement or admission, and reliance by the other person.

  3. A written document, a statement or promise, and knowledge by the other person.

  4. A written document, a statement or admission, and intent by the other person.


Correct Option: A
Explanation:

The elements of estoppel by deed are a written document, a statement or promise, and reliance by the other person. The written document must be signed by the person making the statement or promise. The statement or promise must be clear and unambiguous. The other person must rely on the statement or promise to their detriment.

What are the elements of estoppel by record?

  1. A court proceeding, a statement or admission, and reliance by the other person.

  2. A court proceeding, a statement or promise, and reliance by the other person.

  3. A court proceeding, a statement or admission, and knowledge by the other person.

  4. A court proceeding, a statement or promise, and intent by the other person.


Correct Option: A
Explanation:

The elements of estoppel by record are a court proceeding, a statement or admission, and reliance by the other person. The court proceeding must be a judicial proceeding, such as a trial or hearing. The statement or admission must be made by a party to the proceeding. The other person must rely on the statement or admission to their detriment.

What are the elements of estoppel by conduct?

  1. An action, a statement or promise, and reliance by the other person.

  2. An action, a statement or admission, and reliance by the other person.

  3. An action, a statement or promise, and knowledge by the other person.

  4. An action, a statement or admission, and intent by the other person.


Correct Option: A
Explanation:

The elements of estoppel by conduct are an action, a statement or promise, and reliance by the other person. The action must be voluntary and intentional. The statement or promise must be clear and unambiguous. The other person must rely on the action, statement, or promise to their detriment.

What is the difference between estoppel by deed and estoppel by record?

  1. Estoppel by deed is based on a written document, while estoppel by record is based on a court proceeding.

  2. Estoppel by deed is based on a statement or promise, while estoppel by record is based on an action.

  3. Estoppel by deed is based on reliance by the other person, while estoppel by record is based on knowledge by the other person.

  4. Estoppel by deed is based on intent by the other person, while estoppel by record is based on reliance by the other person.


Correct Option: A
Explanation:

The difference between estoppel by deed and estoppel by record is that estoppel by deed is based on a written document, while estoppel by record is based on a court proceeding. Estoppel by deed requires a written document, such as a deed or contract, while estoppel by record requires a court proceeding, such as a trial or hearing.

What is the difference between estoppel by conduct and estoppel by estoppel?

  1. Estoppel by conduct is based on an action, while estoppel by estoppel is based on a statement or promise.

  2. Estoppel by conduct is based on reliance by the other person, while estoppel by estoppel is based on knowledge by the other person.

  3. Estoppel by conduct is based on intent by the other person, while estoppel by estoppel is based on reliance by the other person.

  4. Estoppel by conduct is based on a written document, while estoppel by estoppel is based on a court proceeding.


Correct Option: A
Explanation:

The difference between estoppel by conduct and estoppel by estoppel is that estoppel by conduct is based on an action, while estoppel by estoppel is based on a statement or promise. Estoppel by conduct requires an action, such as a physical act or a verbal statement, while estoppel by estoppel requires a statement or promise.

What are some of the defenses to estoppel?

  1. Lack of knowledge, lack of intent, and lack of reliance.

  2. Lack of knowledge, lack of intent, and lack of consideration.

  3. Lack of knowledge, lack of intent, and lack of capacity.

  4. Lack of knowledge, lack of intent, and lack of privity.


Correct Option: A
Explanation:

Some of the defenses to estoppel include lack of knowledge, lack of intent, and lack of reliance. Lack of knowledge means that the person did not know about the facts that gave rise to the estoppel. Lack of intent means that the person did not intend to create an estoppel. Lack of reliance means that the other person did not rely on the statement or action that gave rise to the estoppel.

What are some of the remedies for estoppel?

  1. Injunction, damages, and specific performance.

  2. Injunction, rescission, and specific performance.

  3. Injunction, damages, and restitution.

  4. Injunction, rescission, and restitution.


Correct Option: A
Explanation:

Some of the remedies for estoppel include injunction, damages, and specific performance. An injunction is a court order that prevents a person from doing something. Damages are a monetary award that compensates a person for the losses they suffered as a result of the estoppel. Specific performance is a court order that requires a person to do something.

What is the difference between estoppel and waiver?

  1. Estoppel is based on a statement or action, while waiver is based on a failure to act.

  2. Estoppel is based on reliance by the other person, while waiver is based on knowledge by the other person.

  3. Estoppel is based on intent by the other person, while waiver is based on reliance by the other person.

  4. Estoppel is based on a written document, while waiver is based on a court proceeding.


Correct Option: A
Explanation:

The difference between estoppel and waiver is that estoppel is based on a statement or action, while waiver is based on a failure to act. Estoppel requires a statement or action that leads another person to believe that they have a certain right or claim. Waiver requires a failure to act that results in the loss of a right or claim.

What is the difference between estoppel and laches?

  1. Estoppel is based on a statement or action, while laches is based on a delay.

  2. Estoppel is based on reliance by the other person, while laches is based on knowledge by the other person.

  3. Estoppel is based on intent by the other person, while laches is based on reliance by the other person.

  4. Estoppel is based on a written document, while laches is based on a court proceeding.


Correct Option: A
Explanation:

The difference between estoppel and laches is that estoppel is based on a statement or action, while laches is based on a delay. Estoppel requires a statement or action that leads another person to believe that they have a certain right or claim. Laches requires a delay in asserting a right or claim that results in prejudice to the other person.

What is the difference between estoppel and acquiescence?

  1. Estoppel is based on a statement or action, while acquiescence is based on a failure to act.

  2. Estoppel is based on reliance by the other person, while acquiescence is based on knowledge by the other person.

  3. Estoppel is based on intent by the other person, while acquiescence is based on reliance by the other person.

  4. Estoppel is based on a written document, while acquiescence is based on a court proceeding.


Correct Option: A
Explanation:

The difference between estoppel and acquiescence is that estoppel is based on a statement or action, while acquiescence is based on a failure to act. Estoppel requires a statement or action that leads another person to believe that they have a certain right or claim. Acquiescence requires a failure to act that results in the loss of a right or claim.

What is the difference between estoppel and ratification?

  1. Estoppel is based on a statement or action, while ratification is based on a subsequent act.

  2. Estoppel is based on reliance by the other person, while ratification is based on knowledge by the other person.

  3. Estoppel is based on intent by the other person, while ratification is based on reliance by the other person.

  4. Estoppel is based on a written document, while ratification is based on a court proceeding.


Correct Option: A
Explanation:

The difference between estoppel and ratification is that estoppel is based on a statement or action, while ratification is based on a subsequent act. Estoppel requires a statement or action that leads another person to believe that they have a certain right or claim. Ratification requires a subsequent act that confirms or approves a previous act.

What is the difference between estoppel and confirmation?

  1. Estoppel is based on a statement or action, while confirmation is based on a subsequent act.

  2. Estoppel is based on reliance by the other person, while confirmation is based on knowledge by the other person.

  3. Estoppel is based on intent by the other person, while confirmation is based on reliance by the other person.

  4. Estoppel is based on a written document, while confirmation is based on a court proceeding.


Correct Option: A
Explanation:

The difference between estoppel and confirmation is that estoppel is based on a statement or action, while confirmation is based on a subsequent act. Estoppel requires a statement or action that leads another person to believe that they have a certain right or claim. Confirmation requires a subsequent act that acknowledges or verifies a previous act.

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