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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 acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

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