1.01 In the ordinary course of events, to succeed in civil litigation a party needs to establish by evidence a fact in issue, or secure the resolution in her favour of a question of law, or overcome the opponent on an issue of mixed fact and law. Her case may often be made by convincing the court that the matter should be determined by her opponent’s own statement or conduct.1 The opponent party is then said to be estopped, which means that she loses her case, as it were, out of her own mouth or by her own act.