Can the doctrine of equitable estoppel be applied against a government? Cover Image

Can the doctrine of equitable estoppel be applied against a government?
Can the doctrine of equitable estoppel be applied against a government?

Author(s): Renata Petrylaitė
Subject(s): Law, Constitution, Jurisprudence
Published by: Florida Coastal School of Law and Vytautas Magnus University School of Law
Keywords: Doctrine of Equitable Estoppel

Summary/Abstract: The influence of the government pervades more and more spheres of human lives. Government has become not only a subject of public law. It tries to make its way into a private law sphere. Nowadays a governmental agency can become business partner just like a private company. In view of these developments certain legal concepts have to be reconsidered. One of such concepts is equitable estoppel. The doctrine of equitable estoppel evolved in common law and it was traditionally applied to private relations. However, with the changing circumstances and the status of the government in the modern society more and more courts are willing to apply this doctrine to relations in which one party is a governmental entity. Concepts of equity, fairness, and justice lie at the core of the doctrine of equitable estoppel. These concepts trigger the application of equitable estoppel in a situation where a private company or an individual dealing with the government would suffer injury because of good faith reliance on governmental conduct if estoppel against the government were not applied. (…)

  • Issue Year: 2004
  • Issue No: 2
  • Page Range: 97-116
  • Page Count: 20
  • Language: English
Toggle Accessibility Mode