Monday, May 27, 2024

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CPCMODEL ANSWER

RES JUDICATA VS ESTOPPEL

What is the difference between res judicata vs estoppel?

Res judicataEstoppel
1. Doctrine of res- judicata results from a decision of the court. Rule of estoppel flows from the act of parties.Rule of estoppel flows from the act of parties.
2. The rule of res- judicata is based on public policy and its main aim is that there should be an end of litigation.Rule of estoppel proceeds upon the doctrine of equity, that he who, by his conduct, has induced another to alter his position to his disadvantage, cannot turn around and take advantage of such alteration of the otherโ€™s position
3. Doctrine of res- judicata prevents multiplicity of suitsRule of estoppel prevents multiplicity of representations
4. Doctrine of res- judicata takes away the jurisdiction of court to try the suit and precludes an enquiry in limineRule of estoppel is only a rule of evidence and shuts the mouth of a party
5. Res- judicata prohibits a man averring the same thing twice in successive litigationsRule of estoppel prevents a man from saying one thing at one time and the opposite at another
6. The doctrine of res- judicata presumes conclusively the truth of the decision in the former suitThe rule of estoppel prevents a party from denying what he has once called the truth
7. The doctrine of Res- judicata binds both the parties to a litigationThe rule of estoppel binds only that party who made the previous statement or showed the previous conduct

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