discussion

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The Doctrine of Equity
The doctrine of Equity is founded on the principle of fair play as well as essential justice and often applied when one party is lured by another party in a legal position that disadvantages one party. The doctrine of equity is usually the effect of voluntarily conduct that involves a party whereby that party is precluded both in equity and at law. Mostly from asserting the right which possibly existed either of contract, property or remedy. In other words, equitable estoppel is conduct which causes a party to believe a particular state of things exist and thus the party consequently adjust the initial position adversely.
Equitable estoppel should be permitted in contract case since it operates as a shield against the wrongdoers instead of the victim. Furthermore, it is designed in a way to prevent loss instead of helping a litigant in acquiring something. When permitted in contract cases the doctrine of equity prevents a party from profiting from wrongdoings. As a result of the where conduct or words of a particular party causes another party to forbear to the party’s detriment the doctrine of Equity applies to prevent the innocent party from harm (Dutta 12). To assert estoppel defense, it is paramount the representations irrespective of if they consist of acts, omission conduct or word of the party against whom the estoppel is being affirmed, made the claiming party believe. This implies that the party asserting equitable estoppel must prove beyond reasonable doubt that he or she relied on the other party conduct.

Most often equitable estoppel in cases where there is prejudice to the right of the party asserting estoppel. The major function of the doctrine of equity is to prevent injustice and fraud. This implies that it cannot be applied in contract case if there is no determent, loss or prejudice to the party claiming estoppel. Hence, the defense of estoppel by deceit and fraud is not proper where the provided evidence establishes that there is no detrimental alteration in position by the party suing the deceit and fraud. The doctrine of equity has played a vital role in Law of Contracts as it is evidence in fields of unjust enrichment, restitution among many others.
Work Cited
Dutta, Shaswata. “Principles of Equity and Contracts.” (2006).