Equitable Estoppel in Louisiana: A Common Law Remedy in Civil Law Jurisprudence   Tags: civil, law, remedies  

Equitable estoppel, also known as estoppel in pais, is a doctrine that developed under the courts of chancery to prevent a person from taking a stance contradictory to a past one on which another person relied to his or her detriment. There is a similar concept in civil law, venire contra proprium factum (no one can contradict his own act). Louisiana’s law is predominately based on civil law rather than common law like the other 49 states. Though many equitable doctrines have been rejected by the Louisiana courts, such as ne exeat, bills of peace, and quia timet, Louisiana’s judiciary chose to adopt equitable estoppel at least as far back as 1843.

Equitable estoppel is a remedy that has migrated into many areas of Louisiana’s law. It is commonly used in suits such as construction, contracts, divorce, forgery, labor and employment, landlord-tenant, mortgages, property, sales, sureties, and wills. The materials referenced below reflect the components of equitable estoppel’s application in a general sense. For example, the cases may be those frequently cited for an element of equitable estoppel rather than for property or contracts in general. There is a separate section under cases for equitable estoppel and the state because of the added sovereign immunity component. Finally, because equitable estoppel is a remedial doctrine rather than an area of law, there appear to be few or no looseleafs, alerting services, etc., that address equitable estoppel or even remedies specifically. Rather, many materials cater to areas of law, such as wills or construction, in which equitable estoppel may be located as needed.

Send an email to njohnson@gsu.edu for more information about this bibliography.