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Contractual Conditions: Whose condition is it anyway?
Jon Bola considers when a contractual condition may be waived in light of recent case law “’If it is not obvious on the face of the contract that the stipulation is for the exclusive benefit of the party seeking to eliminate it, then in my opinion it cannot be struck out unilaterally” [per Brightman J …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Akzo Nobel UK Ltd v Arista Tubes Ltd [2010] EWCA Civ 28
- Bennett v Fowler (1840) 2 Beav 302
- Heron Garage Properties Ltd v Moss [1974] 1 All ER 421
- Irwin v Wilson [2011] EWHC 326 (Ch)