What are the elements of estoppel and what is the test for estopping the government?

MultiRegion, United States of America

The following excerpt is from Bolt v. U.S., 944 F.2d 603 (9th Cir. 1991):

The elements of estoppel are: (1) knowledge of the true facts by the party to be estopped; (2) intent to induce reliance or actions giving rise to a belief in that intent; (3) ignorance of the true facts by the relying party; and (4) detrimental reliance. Watkins v. United States Army, 875 F.2d 699, 709 (9th Cir.1989) (en banc), cert. denied, --- U.S. ----, 111 S.Ct. 384, 112 L.Ed.2d 395 (1990). Additionally, for the government to be estopped there must be affirmative misconduct (not mere negligence) and a serious injustice outweighing the damage to the public interest of estopping the government. See id. at 707-08.

Other Questions


Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
What is the government's argument in support of its contention that the federal government does not have the authority to compel pretrial disclosure of the identity of government witnesses? (MultiRegion, United States of America)
What are the elements required to find an estoppel? (Canada (Federal), Canada)
Is materiality an element of the charge of making a false statement to a government official? (MultiRegion, United States of America)
Does the requirement that the government bring suit against the guarantors within a reasonable time after the borrower's default have anything to do with the equitable defenses of estoppel and laches? (MultiRegion, United States of America)
What are the elements of a Criminal Information Management Termination Order (CIMT) and what is the test for determining whether the elements constitute a CIMT? (MultiRegion, United States of America)
What are the elements of equitable estoppel? (MultiRegion, United States of America)
What is the test to establish that a government action has infringed an individual's right to petition the government? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
Can the government respond to a defense counsel's summation comments that impugned the integrity of the government's case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.