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Overview"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." Full Product DetailsAuthor: Sean Wilken (QC, 39 Essex Street Chambers) , Karim Ghaly (Barrister, 39 Essex Street Chambers)Publisher: Oxford University Press Imprint: Oxford University Press Edition: 3rd Revised edition Dimensions: Width: 17.60cm , Height: 3.60cm , Length: 25.00cm Weight: 1.065kg ISBN: 9780199696833ISBN 10: 0199696837 Pages: 538 Publication Date: 02 February 2012 Audience: College/higher education , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: To order ![]() Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsForeword 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 IndexReviewsReview 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, * Elizabeth Cooke, University of Reading * 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, Elizabeth Cooke, University of Reading Author InformationSean 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. Tab Content 6Author Website:Countries AvailableAll regions |