2021 Georgia Code
Title 24 - Evidence
Chapter 14 - Proof Generally
Article 2 - Presumptions and Estoppel
§ 24-14-29. Equitable Estoppel

In order for an equitable estoppel to arise, there shall generally be some intended deception in the conduct or declarations of the party to be estopped, or such gross negligence as to amount to constructive fraud, by which another has been misled to his or her injury.

(Code 1981, §24-14-29, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- For article, "The Legislative Process in Georgia Local Government Law," see 5 Ga. L. Rev. 1 (1971). For article, "Promissory Estoppel and the Georgia Statute of Frauds," see 15 Ga. L. Rev. 204 (1980).

ANALYSIS

• General Consideration
• Illustrations

Equitable Adoption, 18 POF2d 531.

- Estoppel to assert title to real property by conduct subsequent to contract between third persons, 1 A.L.R. 1482.

What names import corporation within rule that one contracting with body described by corporate name is estopped to deny its corporate existence, 5 A.L.R. 1580.

Loss of right to contest assessment in proceeding for street or sewer improvement by waiver, estoppel, or the like, 9 A.L.R. 634.

Loss of right to contest assessment in drainage proceeding by waiver, estoppel, or the like, 9 A.L.R. 842.

Denial of, or expression of doubt as to paternity or other relationship as estoppel to assert right of inheritance by virtue of such relationship, 33 A.L.R. 579.

Estoppel of mortgagor or seller to deny existence of property mortgaged or sold, 40 A.L.R. 382.

Failure to record or delay in recording an instrument affecting real property as basis of estoppel in favor of creditors not directly within protection of recording acts, 52 A.L.R. 183.

Execution of deed in representative or fiduciary capacity as estoppel of one in his individual capacity, 64 A.L.R. 1556.

Effect of intrusting another with stock certificate endorsed or assigned in blank to estop owner as against a bona fide purchaser or pledgee for value, 73 A.L.R. 1405.

Estoppel by conduct during testator's life to dissent from or attack validity of will, 74 A.L.R. 659.

Estoppel of one riparian owner to complain of diversion of water by another riparian owner, 74 A.L.R. 1129.

Estoppel by apparent acquiescence in or silence concerning improvements of real property to assert antagonistic title or interest, 76 A.L.R. 304.

Estoppel of wife who permits record title to realty to remain in husband's name to assert her own title as against one extending credit to husband, 76 A.L.R. 1501.

Waiver of, or estoppel to assert, debtor's exemption, by laches or delay, 82 A.L.R. 648.

Right of a purchaser assuming a mortgage debt, with the authorization of the mortgagor, to set up usury in mortgage as a defense or rely upon it as a ground of relief in equity, 82 A.L.R. 1153.

Estoppel of municipality to deny that it gave its consent to street franchise, 89 A.L.R. 619.

Principle which denies relief to party who has conveyed or transferred property in fraud of his creditors, as affected by execution, as part of, or as contemplated at time of, the fraudulent transaction, of reconveyance or retransfer of the property to him, 89 A.L.R. 1166.

Rule of estoppel of tenant to deny landlord's title as applicable where landlord affirmatively asserts a title or interest beyond that essential to his right to create the tenancy, 89 A.L.R. 1295.

Intrusting possession of securities to bank officer or employee who uses them to make a fraudulent showing of bank assets as estoppel of owner to reclaim them as against bank receivers, 100 A.L.R. 679.

Estoppel to question validity of proceedings extending boundaries of municipality, 101 A.L.R. 581.

Effect of silence of surety or endorser after knowledge or notice of facts relied upon as releasing him, 101 A.L.R. 1310.

Waiver of, or estoppel to assert, or election not to assert, forfeiture of executory land contract because of default in payment, 107 A.L.R. 345.

Abandonment of appeal or right of appeal by commencement, or prosecution to judgment, of another action, 115 A.L.R. 121.

Promissory estoppel, 115 A.L.R. 152; 48 A.L.R.2d 1069.

Tax exemption as affected by failure to claim or delay in claiming it for past years, 115 A.L.R. 1484.

Estoppel as ground for holding defendant liable for negligence in conduct of business which appears to be his but which in fact belongs to another, 122 A.L.R. 256.

Estoppel to assert invalidity of foreign decree of divorce for lack of domicil at divorce forum or failure to obtain jurisdiction of person of defendant, 122 A.L.R. 1321; 140 A.L.R. 914; 153 A.L.R. 941; 175 A.L.R. 538.

Creditor's statement or assurance to debtor, not supported by a consideration, that payment need not be made at time due, as binding upon creditor by way of estoppel, 124 A.L.R. 1248.

Doctrine of estoppel as applicable against one's right to hold a public office or his status as a public officer, 125 A.L.R. 294.

Mistake as to date of lapse of policy in insurer's statement of reason for denial of claim under policy as affecting its right to insist upon lapse as defense, 125 A.L.R. 1270.

Estoppel to rely on statute of limitations, 130 A.L.R. 8; 24 A.L.R.2d 1413.

Estoppel by acquiescence or delay to question validity of plan for reorganization of bank, 139 A.L.R. 659.

Estoppel of grantee or mortgagee as to amount of prior mortgage recited, 141 A.L.R. 1184.

What agreement or conduct subsequent to assignment of lease amounts to assumption by assignee of covenants of lease, or estoppel to deny such assumption, 148 A.L.R. 393.

Estoppel of owner of tangible personal property who knowingly or voluntarily permits another to have possession of certificates or other evidences of title, endorsed in blank or otherwise showing ownership in possessor, to deny latter's authority to sell, mortgage, pledge, or otherwise deal with, the property, 151 A.L.R. 690.

Estoppel to invoke rule or statute against perpetuities, 162 A.L.R. 156.

Estoppel of intervener to assert claim against original complainant, 166 A.L.R. 911.

Construction and application of statute respecting estoppel of insurer where insured was examined by medical examiner, 172 A.L.R. 143.

Acceptance by building or construction contractor of payments under his contract as a waiver of right of action upon implied warranty as to conditions affecting cost, 173 A.L.R. 308.

Joining in instrument as ratification of or estoppel as to prior ineffective instrument affecting real property, 7 A.L.R.2d 294.

Insurer's demand for additional or corrected proof of loss as waiver or estoppel as to right to assert contractual limitation provision, or as suspending running thereof, 15 A.L.R.2d 955.

Estoppel of one selling or conveying property to dissolved or defunct corporation to deny its existence, 20 A.L.R.2d 1084.

Renunciation of beneficial interest under inter vivos trust as condition of right to contest its validity, 21 A.L.R.2d 1457.

Estoppel to contest will or attack its validity, 28 A.L.R.2d 116.

Insurer's admission of liability, offers of settlement, negotiations, and the like, as waiver of, or estoppel to assert, contractual limitation provision, 29 A.L.R.2d 636.

Insurer's admission of liability, offers of settlement, and negotiations for adjustment or settlement, as waiver of proof of property loss, 49 A.L.R.2d 87.

Denial of liability as waiver of proofs of loss required by insurance policy, 49 A.L.R.2d 161.

Estoppel to assert that article annexed to realty is or is not a fixture, 60 A.L.R.2d 1209.

Right to attack validity of statute, ordinance, or regulation relating to occupational or professional license as affected by applying for, or securing license, 65 A.L.R.2d 660.

Partial payment on private building or construction contract as waiver of defects, 66 A.L.R.2d 570.

Waiver of, or estoppel to rely upon, contractual limitation of time for bringing action against municipality or other political subdivision, 81 A.L.R.2d 1039.

Purchaser's right to set up invalidity of contract because of violation of state securities regulation as affected by doctrines of estoppel or pari delicto, 84 A.L.R.2d 479.

Estoppel of lessee, because of occupancy of, or other activities in connection with, premises, to assert invalidity of lease because of irregularities in description or defects in execution, 84 A.L.R.2d 920.

Physician giving medical examination to insurance applicant as agent of insured or of insurer, 94 A.L.R.2d 1389.

Quantum or degree of evidence necessary to prove an equitable estoppel, 4 A.L.R.3d 361.

Infant's misrepresentation as to his age as estopping him from disaffirming his voidable transaction, 29 A.L.R.3d 1270.

Settlement negotiations as estopping reliance on statute of limitations, 39 A.L.R.3d 127.

Agreement of parties as estopping reliance on statute of limitations, 43 A.L.R.3d 756.

Estoppel of municipality as to encroachments upon public streets, 44 A.L.R.3d 257.

Promises to settle or perform as estopping reliance on statute of limitations, 44 A.L.R.3d 482.

Plaintiff's diligence as affecting his right to have defendant estopped from pleading the statute of limitations, 44 A.L.R.3d 760.

Fiduciary or confidential relationship as affecting estoppel to plead statute of limitations, 45 A.L.R.3d 630.

Delay caused by other litigation as estopping reliance on statute of limitations, 45 A.L.R.3d 703.

Promissory estoppel as basis for avoidance of statute of frauds, 56 A.L.R.3d 1037.

Automobile or motorcycle as necessary for infant, 56 A.L.R.3d 1335.

Public contracts: duty of public authority to disclose to contractor information, allegedly in its possession, affecting cost or feasibility of project, 86 A.L.R.3d 182.

Failure of creditor, or creditor's assignee, to secure credit insurance as affecting rights or liabilities of debtor, upon debtor's loss, 88 A.L.R.3d 794.

Modern status of law as to equitable adoption or adoption by estoppel, 97 A.L.R.3d 347.

Liability insurer's waiver of right, or estoppel, to set up breach of cooperation clause, 30 A.L.R.4th 620.

Estoppel to contest will or attack its validity by acceptance of benefits thereunder, 78 A.L.R.4th 90.

Laches or delay in bringing suit as affecting right to enforce restrictive building covenant, 25 A.L.R.5th 233.