The Law of Waiver, Variation and Estoppel (3^rd Ed.)

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.

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.

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.

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,