ABSTRACT
Different forms of waiver of breach of a warranty are analysed in this chapter. It is intended to state the law on this point and identify problematic areas. In particular, practical difficulties that may arise in relation to ‘held covered clauses’ will be considered. Due to the absence of intensive judicial examination of these clauses, such an exercise is believed to be beneficial, both from an academic and practical point of view. Finally, towards the end of the chapter, a further concept known as ‘estoppel’, will be taken into account. Being a contractual concept, which is highly affected by equity, ‘estoppel’ has a strong interrelation with the waiver of breach of warranty. The distinction
1 The word ‘commercial’ is used in a general sense to cover not only those areas, which fall within the jurisdiction of the commercial court, but also those areas, which fall outside that jurisdiction, but remain ‘commercial’ in a loose sense of the word. For the effect and application of the doctrine in different areas of commercial law, such as agency, banking, company, construction, employment, insurance, sale of goods and shipping law, see Wilken and Villiers, 1998, pp 393-549.
