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What is meant by the phrase "estoppel can act as a shield but not a sword"?
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What is meant by the phrase "estoppel can act as a shield but not a sword"? Attack is the best form of defence? A defendant or a plaintiff can only use estoppel as "a shield not a sword", which means it gives them no right of action, but only of objection. If two parties enter a contract and afterwards one party promises not to insist upon his legal rights rising from the contract without expecting further consideration, the promisee, in the case of being sued on the original contract, has a good defence. The defendant does not require consideration to have the promise enforced. This good defence is estoppel. It can be used in a defensive way. 1 A pre-existing legal relation has to be given. A promise to prevent the strict legal effect of an initial contract from being enforced is a good defence against an action brought forward on the...
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