What is the difference between res judicata vs estoppel?
|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 other’s position|
|3. Doctrine of res- judicata prevents multiplicity of suits||Rule 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 limine||Rule 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 litigations||Rule 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 suit||The 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 litigation||The rule of estoppel binds only that party who made the previous statement or showed the previous conduct|