What is the Difference Between Collateral Estoppel and Res Judicata?
February 15, 2019Collateral estoppel and res judicata are similar affirmative defenses to legal claims for relief. Each depends on a prior final judgment. But there are important differences. Collateral estoppel The doctrine of collateral estoppel holds that an issue that has been litigated cannot be litigated again. For collateral…
DetailsWhat is a Constructive Trust?
February 11, 2019A constructive trust differs from a typical estate trust, where a person establishes a trust to hold assets for themselves or other beneficiaries. Instead, a constructive trust is created by the court as an equitable remedy in circumstances when the legal title to property has been obtained through fraud or other w…
DetailsWhat is the Doctrine of Promissory Estoppel?
February 8, 2019Be careful what you promise, because your promise could be legally binding. That, in a nutshell, is the legal principle known as promissory estoppel. While consideration is an important element of an enforceable contract, the doctrine of promissory estoppel is an exception to this rule because the promise is legall…
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