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.
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