In English law, a waiver refers to the intentional and voluntary relinquishment of a known right or claim, typically within a contractual context.
A waiver arises when a party consciously chooses not to enforce a particular legal right or obligation, indicating that compliance is no longer required, either explicitly or implicitly through conduct.
Once a right has been waived, it cannot typically be reclaimed. Clear communication or consistent behaviour is essential to establish waiver.
Understanding waivers helps parties manage rights effectively and prevents unintended losses or disputes through clear communication.
Time-charterers failed to pay hire punctually on 1st April 1970. The shipowners withdrew the vessel by telex notice. The key issue was whether withdrawal occurred before or after the late payment was received. The Court of Appeal held that the withdrawal notice preceded the payment and was therefore effective.
A landlord served a six-month notice to repair on his tenant railway company. During negotiations for the sale of the lease, repairs were suspended by mutual understanding. The House of Lords held the landlord could not enforce forfeiture when repairs were completed within six months of negotiations ending, establishing the equitable principle that parties cannot enforce strict legal rights after inducing the other party to believe those rights would not be enforced.
Kenyan coffee sellers contracted with Tanzanian buyers for payment in Kenyan shillings. A letter of credit was issued in sterling, which the sellers accepted and used for payment. After sterling devaluation, sellers claimed the difference. The Court held that by accepting the sterling credit, sellers had waived their right to payment in Kenyan currency.
September 13, 2026
National Case Law Archive
September 3, 2026
National Case Law Archive
September 3, 2026
National Case Law Archive