Principle

CIVIL PROCEDURE – Estoppel – Incidental or Collateral Findings Cannot Sustain Res Judicata or Issue Estoppel

Area of law: PRACTICE AND PROCEDURE
Court: Supreme Court

Not every judicial remark creates estoppel. Only findings necessary to the decision, on issues raised by the parties, are binding. Incidental or collateral observations are obiter dicta. The principle prevents estoppel from being based on extraneous comments. The court will examine whether the issue was…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in