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In Nevada, the elements to prove equitable estoppels or promissory estoppels are:

  1. Party to be estopped must be apprised of true facts;
  2. The party to be estopped must have intended that his conduct shall be acted upon or must so act that the party asserting estoppels has the right to believe it was so intended;
  3. The party asserting estoppel must be ignorant of the true facts; and
  4. The party asserting estoppels relied on the conduct of the other party, to his detriment.

Equitable Estoppel operates to prevent a party from asserting legal rights that, in equity and good conscience, they should not be allowed to assert because of their own conduct.  Silence can raise estoppel.  NGA No. 2 Ltd. Liability Co. v. Rains, 13 Nev. 1151, 946 P.2d 163 (1997); Vancheri v. GNLV. Corp.,105 Nev. 417, 421, 777 P.2d 366, 369 (1989); Pink v. Busch, 100 Nev. 684, 691 P.2d 456 (1984); Cheqer, Inc. v. Painters and Decorators Joint Committee, Inc., 98 Nev. 609, 655 P.2d 996 (1982).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.