Enrico Furst and Co v W E Fischer Limited: 1960

Diplock J discussed the effect of a waiver: ‘Waiver does not vary the terms of the contract . . Waiver is conduct on the part of a party to a contract which affects his remedies for a breach of contract by the other party.’
Diplock J
[1960] 2 Lloyd’s Reports 340
England and Wales
Cited by:
CitedRhodia International Holdings Ltd and Another v Huntsman International CA 11-Jun-2007
There was a challenge to the validity of a sale and purchase agreement which included an assignment of a contract which would require novation.
Held: A long standing acquiesecence in one breach of the contract did not amount to a grant pf . .

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Updated: 21 May 2021; Ref: scu.267737