Can a waiver arise if one party leads the other party to believe that the strict rights arising under the contract will not be insisted upon?
Ontario, Canada
The following excerpt is from Machado v. Pratt & Whitney Canada Inc., 1995 CanLII 7282 (ON SC):
47 I agree with the argument that waiver arises if one party, by its conduct, leads the other party to believe that the strict rights arising under the contract will not be insisted upon, intending that the other should act on that belief and that the other party does act on that belief, then the first party is not allowed to insist on strict legal rights when it would become inequitable for it to do so. See Petridis v. Shabinsky (1982), 1982 CanLII 3091 (ON SC), 132 D.L.R. (3d) 430 (Ont. H.C.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
What is the test for waiver of a party’s strict rights? (Ontario, Canada)
Can a principal be held liable for breach of contract if a third party agrees to contract without consulting the principal? (Ontario, Canada)
What is the test for determining whether there has been economic duress in a contract where a party entered into the contract at the time of execution? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
Does the doctrine of contemporaneous exposition apply to a contract where the contract states that the assessment contemplated was the assessment upon which taxes would be imposed in the next year? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
What is the obligation of a party moving for an order that will affect the rights of the absent party to make full and fair disclosure of all material facts? (Ontario, Canada)
