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 prior consent to a later assignment.
Judges:
Ward LJ, Moore-Bick J
Citations:
[2007] EWCA Civ 621
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hyde v Pimley CA 1952
The court drew a distinction between prior consent to a breach of contract and waiver or forbearance. Sir Raymond Evershed MR said: ‘The learned judge was of opinion that consent to the commission of a particular act was not the same thing as . .
Cited – Hendry v Chartsearch Ltd CA 16-Sep-1998
An assignment of the benefit of a contract without the consent of the contractor and in breach of contract was effective between assignor and assignee but not as against the original contract other party.
The modern practice for the allowing of . .
Cited – 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.’ . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 09 November 2022; Ref: scu.253747