What is equitable estoppel?

Equitable estoppel is a legal principle in South Carolina that prevents a person from making certain claims or taking certain actions that contradict or undermine their prior conduct or statements. This principle applies when equity requires, or fairness dictates, that an individual should not be allowed to deny what has been said or done in the past. For example, if a seller verbally promises a buyer that a product is of a certain quality, then the seller cannot later deny the statement and refuse to uphold the promise. This is known as estoppel by promise, one of the most commonly used types of equitable estoppel. Equitable estoppel can also be used to prevent a person from using certain information, or from bringing suit against another. This is known as estoppel by representation, and it applies if one party has been induced by the conduct of another party to act in a certain manner, then that party should not be allowed to deny that fact. Equitable estoppel can be used as a defense against a claim that the party has made in the past. On the other hand, equitable estoppel can also be used to prevent a party from claiming that an action was done in the past when it was not actually done. In South Carolina, courts will not allow a party to deny what has been said or done in the past if equitable estoppel would be appropriate. This legal principle is designed to protect both parties’ interests and foster fairness among them.

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