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, in future, intend to enforce that legal right which he has as against the other party to the contract . . in the absence of special circumstances, silence and inaction are, when objectively considered, equivocal and cannot, of themselves, constitute an unequivocal representation as to whether a person will or will not rely on a particular legal right in the future’
Judges:
Laws, Aikens, Tomlinson LJJ
Citations:
[2011] EWCA Civ 1615, [2012] 1 CLC 81
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Warren and Another v Burns QBD 13-Nov-2014
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 . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 05 October 2022; Ref: scu.451344