allegans contraria non est audiendus
Meaning. A person who makes contradictory allegations is not to be heard.
A party cannot take two inconsistent positions to suit himself: he cannot affirm a transaction to get its benefit and then deny it to escape its burden. This principle (also stated as “one cannot approbate and reprobate”) underlies estoppel by conduct.
In practice, it stops a person who has accepted the benefit of an order, contract or deed from later challenging its validity, and stops a party who admitted a fact in an earlier proceeding from denying it to the detriment of another who relied on it. Alternative pleas are still allowed in pleadings if they are not mutually destructive.
Example
Having accepted the compensation under the award, the landowner could not later challenge the acquisition, since allegans contraria non est audiendus.
In Indian law
- Section 121, Bharatiya Sakshya Adhiniyam, 2023 (old s.115 Evidence Act): estoppel