Though Estoppel and Res Judicata may have similar effects, there are fundamental differences between the two:


No.

               Estoppel


               Res Judicata  

1)


In the case of Estoppel, it is the Person who is estopped.


In case of Res Judicata it is the court that ceases to have jurisdiction.

2)

In the case of Estoppel having made a representation, the person making it is prevented from saying the opposite, (contrary to what he earlier said)


In Res Judicata, having obtained an adjudication from a competent court, the same matter cannot be agitated again before the same or another court.

3)

Estoppel shuts the mouth of a person and prevents him from making contrary statements.


Res Judicata ousts the jurisdiction of the court and prevents it from deciding over again a matter already decided upon by a competent court.

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