Breach of contract

Effectiveness of “no waiver” clauses

In the recent English decision of Tele2 International Card Co SA v Post Office Ltd [2009] EWCA Civ 9 (referred to as the Tele2 case), the Court of Appeal held that a “no waiver” clause was not effective to preserve a right of avoidance where the non-breaching party had failed to act reasonably promptly in terminating the contract (the attempt to terminate did not take place until almost a year after the breach, during which time the parties continued to deal).

This appears to be consistent with Australian law, although Australian cases have not always been consistent on the issue – see further an article by Mallensons Stephen Jaques on the issue.


One thought on “Effectiveness of “no waiver” clauses

  1. Hii My name is amit. I want to know if any person want variation in contract then is there any formality for that?? and if contract is in writing and do it affect to variation??

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