Conduct invalidating

That position was then consolidated in a case later in 2016 between MWB Business Exchange Centres and Rock Advertising.

Waiver is where one party voluntarily agrees to a request by the other not to insist on the precise performance method outlined in the contract.

conduct invalidating-8

However, common law allows for a written contract to be changed by subsequent mutual agreement from both parties, whether oral or written. Similarly, changes in the relevant law can affect the way work is performed under a contract.

Contractors will generally be obliged to complete the work in accordance with local building regulations and other laws.

In these circumstances, it may be said that that party has waived its right to insist on performance in that particular way.

A waiver can be oral or written, or can even be inferred by conduct - so a party can waive (or be taken to have waived) its right to rely on a written variation where the way it has acted after the contract has been varied by oral agreement.

It is worth noting that where the terms of the contract include a provision which is solely for the benefit of one party, that party may waive compliance with that provision and enforce the contract as if it had been omitted.

Last modified 08-Oct-2019 06:10