The boxing manager and boxer each said that the other owed him money.
Held: The contract entitled the claimant to take some share of the boxers earnings but as part of the overall management fee, but as a part of the overall sum and at a share to be apprtioned between the managers. On the other hand the claimant had not waived payment by failing to call for payment in earlier years. In summary, unpaid comission remained payable, the balance of any payment for one particular fight was due from a company now in liquidation (not Mr Warren), but no sum was payable in respect of the promoter agreement.
Knowles CBE J
[2014] EWHC 3671 (QB)
Bailii
England and Wales
Citing:
Cited – Allied Marine Ltd v Vale do Rio Doce SA (The Leonidas D) CA 1985
One party sought to construct an agreement to abandon an ongoing, if stalled, arbitration out of mere silence.
Held: Robert Goff LJ said that silence will not normally amount to acceptance of an offer since acceptance cannot be inferred from . .
Cited – Liberty Insurance Pte Ltd and Another v Argo Systems Fze CA 21-Dec-2011
Aikens LJ said that the waiver of a contractual right by election or by estoppel requires ‘that the person who is alleged to have ‘waived’ the relevant contractual right has made an unequivocal representation, by words or conduct, that he does not, . .
Cited – Behzadi v Shaftsbury Hotels CA 1992
The court must distinguish between an open contract such as Green v. Sevin where no date for completion is fixed by the contract and the more normal case where a completion date is fixed but time is not of the essence of the date specified. In the . .
Cited – Dalkia Utilities Services Plc v Celtech International Ltd ComC 27-Jan-2006
The Court was asked to decide (i) which, if either, of the two parties to a 15 year agreement lawfully terminated it; (ii) whether, if one of them did so, it was by giving notice under a contractual termination clause or by way of acceptance of the . .
Cited – Valilas v Januzaj CA 8-Apr-2014
The parties, dentist working together, disputed the contract between them.
Held: Floyd LJ described the assessment to be made when deciding if a contract had been breached: ‘Whether a breach or threatened breach does give rise to a right to . .
Lists of cited by and citing cases may be incomplete.
Contract, Estoppel
Updated: 01 November 2021; Ref: scu.538724