Contracts: waiver
A practice note providing comprehensive guidance on the legal doctrine of waiver under English contract law. This note details the key distinctions between waiver by contract or deed, waiver by election and waiver by estoppel (also known as promissory estoppel or equitable forbearance). The note explains the specific requirements for each type of waiver, including the necessary mental state, the conduct required and the need for reliance. The note also addresses the interpretation and effect of "no waiver" clauses in commercial agreements and considers key case law, including the Supreme Court's summary in King Crude Carriers SA v Ridgebury November LLC [2025] UKSC 39.
Already a Practical Law customer? Sign in
Get access to this document with Practical Law
Why Practical Law?
Gain a built-in attorney network
Practical Law’s resources are written and maintained by over 650 dedicated, full-time attorney-editors globally. They’re highly qualified, having practiced at the world’s leading law firms, corporate law departments, and government agencies, so they understand the challenges you face. They dedicate themselves to creating resources to help you navigate the new legal realities, legislative changes, and practice areas impacting your clients or organisation.
See how to leverage the expertise of Practical Law’s attorney-editors to help you practice more efficiently.
Learn more about Practical Law
Expert guidance
650+ full-time, experienced attorney-editors keep you up to date globally
Total resources
118,000+ total resources across 17 practice areas ensure comprehensive coverage
Timely updates
150,000+ hours spent in 2025 maintaining and updating resources