Subjects:

Contract Law

Contents:

Foreward to the First Edition by Lord Mustill

Preface

Table of Cases and Statutes

Introduction

PART I: THEORY

1. Variation

2. Waiver I - Terminology

3. Waiver II - Types of Waiver and their Elements

4. Waiver III - Complexities

5. Election, Affirmation and Acquiescence

6. Estoppel - The Differing Types

7. Estoppel by Representation

8. Estoppel by Convention

9. Estoppel by Deed

10. Proprietary Estoppel

11. Equitable Forbearance

12. Issue Estoppel, Res Judicata and Abuse of Process

PART II: PRACTICE - THE ALTERATION OF COMMERCIAL OBLIGATIONS

13. Agency

14. Banking and Finance

15. Commercial Property

16. Construction

17. Corporate/Commercial

18. Employment

19. Insurance

20. Sale of Goods, Shipping and International Trade

Bibliography

Index

Commercial law and practice are riddled with examples of the parties formally and informally altering the bargains into which they have entered. The means by which alteration occurs are contained within the doctrines of waiver, variation, and estoppel.

This book provides definitions of these notoriously difficult doctrines, together with a detailed analysis of how they apply throughout the commercial law in doctrine and practice. In the second edition the author has revised and rewritten much of the text to take into account recent cases, and new material has been added on issue estoppel, commercial property, and the possibility of an over-arching unifying theory governing the doctrines.

• Provides clear definitions of three notoriously complex legal doctrines
• Gives a detailed analysis of how the doctrines apply to specific commercial industries and sectors of commercial law and practice
• Takes into account recent cases and developments, for example in issue estoppel and commercial property law
• Considers the possibility of an over-arching unifying theory governing the doctrines