Allegans contraria non est audiendus
| Literal meaning | A person alleging contradictory things is not to be heard |
|---|---|
| Pronunciation | AL-eh-ganz kon-TRAH-ree-ah non est ow-dee-EN-dus |
A party cannot say one thing at one time and the opposite at another. A person who has made a representation may be stopped from denying it. It underlies the rule of estoppel.
Example
A landlord tells a tenant that rent is waived and the tenant relies on it. The landlord cannot later demand the rent.
Case laws
- Pickard v. Sears (1837), England: a man who allowed another to buy goods by standing by was not permitted to deny the buyer's title.
Statutory link
Section 115 of the Indian Evidence Act, 1872 (now in the Bharatiya Sakshya Adhiniyam) deals with estoppel.
Exam tip
Asked with estoppel under Section 115.
Memory trick
Choose one story.
Key takeaway
A person cannot blow hot and cold.
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