estoppel in pais

English law knew three kinds of estoppel: by record (a judgment), by deed, and in pais (literally “in the country”, that is, by matter outside a record or deed). Estoppel in pais arises when a person, by representation or conduct, including silence where there is a duty to speak, induces another to alter his position.

Section 121 BSA (old s.115 Evidence Act) is essentially a statement of estoppel in pais. Its elements are a representation of an existing fact, the intention or permission that the other act on it, and the other's action to his detriment. Estoppel by record in Indian law is dealt with as res judicata (s.11 CPC). Promissory estoppel, concerning future conduct, grew out of equity rather than estoppel in pais.

Example

By standing by while his son sold the land as owner, the father raised an estoppel in pais against himself.

In Indian law

• Section 121 BSA (old s.115 Evidence Act)

See also

estoppel · equity

Read more in the study notes

• Paying banker, collecting banker and crossing of cheques (Banking Law)
• Estoppel (Bharatiya Sakshya Adhiniyam)