By Sean Wilken QC & Karim Ghaly
This book provides a complete practitioner guide to the complex but important doctrines of waiver, variation and estoppel, analysing their basic foundations and their relationship with other areas of law including contract, restitution, and equity.
As well as clarifying and explaining those doctrines in relation to other areas, it also considers their application in various aspects of commercial law. The 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 in Yeoman v Cobbe, Dallah Real Estate v Pakistan Ministry of Religious Affairs and those such as the Scottish decision in City Inns which demonstrate an on-going confusion and uncertainty on the analysis and application of these doctrines.
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 - The Panchaud Frère ‘Doctrine' and Contractual
14. Procedural Doctrines - Res Judicata, Issue Estoppel and Abuse of Process
15. Commercial Law
17. Banking Law
18. Company Law
19. Construction Law
20. Insurance Law
21. International Trade, Sale of Goods and Shipping
22. Landlord and Tenant