It is often said that a particular contractual obligation has been waived so that a party can succeed in the teeth of what, apparently, he agreed to do.
In fact there are strict requirements for a true waiver to occur and even then the effect may only be temporary. The following is a quick summary of the relevant principles.
First, a waiver may be written or oral or implied by conduct. The difficulty of proof of course increases the less specific the evidence relied upon.
In this edition of the Newsletter, we want to introduce a new idea which we hope will be of interest to all those involved in adjudication.
From the next edition onwards, there will be a new section of the Newsletter called “Questions & Answers.” Readers are invited to send questions on any topic related to adjudication; whether legal, evidential , practical or political. The questions will be forwarded to our panel of experts and the answer will be published in the next edition of the Newsletter.