Sean Wilken and Karim Ghaly
The only work to focus exclusively on the law of waiver, variation and estoppel, providing the most comprehensive analysis available. A complete practitioner reference clearly setting out the differences between the three doctrines, and providing practical guidance on their application New co-author brings additional commercial, construction and international arbitration practice and experience Includes full discussion of the leading cases including: Yeoman's Row Management v Cobbe, Springwell Navigation Corp v JP Morgan Chase and Dallah Real Estate v Pakistan Ministry of Religious Affairs. 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 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 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.
Readership: Solicitors, barristers and in-house lawyers practising in all areas of the law, but with particular emphasis on banking and finance law, corporate and commercial law, insurance law, shipping law and common law and property transactions; Judges; Postgraduate students; Reference libraries in the UK and worldwide.
Review from previous edition -
'This is a big book of meticulous scholarship...without the wonderfully detailed doctrinal research and analysis contained in a book like this, it is impossible to carry out the business of jurisprudential analysis. And so this book is far more than a practitioners' book and has a respected place in the university law library as well as on the practitioner's bookshelf," - Elizabeth Cooke, University of Reading
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
About the Authors
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.
