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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Law of Waiver, Variation and Estoppel 3rd ed isbn 9780199696833

The Law of Waiver, Variation and Estoppel 2nd ed


ISBN13: 9780199253210
ISBN: 0199253218
New Edition ISBN: 9780199696833
Previous Edition ISBN: 0471969214
Published: November 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



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

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