January 2010 Archive

No waiver clauses called into question by Court of Appeal

The Court of Appeal has thrown into doubt the effectiveness of no waiver clauses in a commercial case with potentially far reaching ramifications. No waiver clauses are a very common feature of the ‘boilerplate’ provisions in commercial contracts and as such they appear in a huge number and variety of agreements. Until very recently there has been little court authority on the enforceability of no waiver clauses.
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