How to Prove Equitable Estoppel ?
How to present an equitable estoppel defense ?
Estoppel protects those who are misled, when one party knowingly induces another party to act or forebear to act under the induced mistaken belief. See Schroeder v. Texas Iron Works, Inc., 813 S.W.2d 483, 489 (Tex. 1991).
How to plead equitable estoppels ?
To establish an equitable estoppel, the plaintiff must prove:
(1) a false representation or concealment of material facts;
(2) made with knowledge, actual or constructive, of those facts;
(3) with the intention that it should be acted on;
(4) to a party without knowledge, or the means of knowing those facts;
(5) who detrimentally relied upon the misrepresentation. See id.
A party claiming an estoppel must have used due diligence to ascertain the truth of the matters upon which he relies in acting to his detriment. See Barfield v. Howard M. Smith Co. of Amarillo, 426 S.W.2d 834, 838 (Tex. 1968).
Where the real facts are known to a person, he cannot effectively say he was misled or deceived by representations. See id.