The Law of Waiver, Variation and Estoppel by Sean WilkenThe Law of Waiver, Variation and Estoppel by Sean Wilken

The Law of Waiver, Variation and Estoppel

bySean Wilken, Karim Ghaly

Hardcover | March 12, 2012

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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, analysing their basic foundations and theirrelationship 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 Lordsdecision 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 in the analysis and application of these doctrines.
Sean Wilken is a QC at the administrative and commercial law set of chambers at 39 Essex Street. Karim Ghaly is a barrister at the administrative and commercial law set of chambers at 39 Essex Street.
Title:The Law of Waiver, Variation and EstoppelFormat:HardcoverDimensions:608 pages, 9.69 × 6.73 × 0 inPublished:March 12, 2012Publisher:OUPLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199696837

ISBN - 13:9780199696833

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Table of Contents

Foreword to the First EditionPrefaceTable of CasesTable of Legislation1. Introduction2. Variation3. Waiver (I) - Terminology4. Waiver (II) - Types of Waiver and Their Elements5. Waiver (III) - Complexities6. Election, Affirmation and Acquiescence7. Estoppels - A General Introduction8. Equitable Forbearance9. Estoppel by Representation10. Estoppel by Convention11. Proprietary Estoppel12. Estoppel by Deed13. The Anomalies14. Procedural Doctrines - Res Judicata, Issue Estoppel and Abuse of Process15. Commercial Law16. Agency17. Banking Law18. Company Law19. Construction Law20. Insurance Law21. International Trade, Sale of Goods and Shipping22. Landlord and TenantBibliographyIndex