The Law of Waiver, Variation and Estoppel

by Wilken, Sean; Ghaly, Karim

• ISBN13: 9780199696833
• ISBN10: 0199696837
• Edition: 3rd
• Format: Hardcover
• Copyright: 2012-03-24
• Publisher: Oxford University Press

Summary

The doctrines of waiver, variation and estoppel are relied upon to justify or criticize a party's changed position as to its contractual obligations. This book provides a complete practitioner guide to these complex but important doctrines, analyzing their basic foundations and their relationship with other areas of law including contract, restitution, and equity. As well as clarifying and explaining these doctrines in relation to other areas it also considers their application in various aspects of commercial law. This new edition provides a thorough analysis of the increasing trend in commercial parties to insert "no waiver" clauses into contracts and considers the behaviour adopted by the courts in relation to these and other matters. It also includes coverage of important cases such as the House of Lords decision inYeoman v Cobbe,Dallah Real Estate v Pakistan Ministry of Religious Affairsand those such as the Scottish decision inCity Innswhich demonstrate an on-going confusion and uncertainty in the analysis and application of these doctrines.

Table of Contents

Foreword to the First Edition
Preface
Table of Cases
Table of Legislation
1. Introduction
2. Variation
3. Waiver (I) - Terminology
4. Waiver (II) - Types of Waiver and Their Elements
5. Waiver (III) - Complexities
6. Election, Affirmation and Acquiescence
7. Estoppels - A General Introduction
8. Equitable Forbearance
9. Estoppel by Representation
10. Estoppel by Convention
11. Proprietary Estoppel
12. Estoppel by Deed
13. The Anomalies
14. Procedural Doctrines - Res Judicata, Issue Estoppel and Abuse of Process
15. Commercial Law
16. Agency
17. Banking Law
18. Company Law
19. Construction Law
20. Insurance Law
21. International Trade, Sale of Goods and Shipping
22. Landlord and Tenant
Bibliography
Index