Book contents
- Frontmatter
- Contents
- Preface
- Abbreviations of Court Names
- Table of Cases
- Table of Legislation
- Part 1 Theoretical and historical introduction
- Part 2 The modern law
- 4 Formation of contract
- 5 Third party rights
- 6 Contractual remedies
- 7 The renunciation of contractual rights
- Part 3 The future
- Bibliography
- Index
7 - The renunciation of contractual rights
Published online by Cambridge University Press: 05 August 2011
- Frontmatter
- Contents
- Preface
- Abbreviations of Court Names
- Table of Cases
- Table of Legislation
- Part 1 Theoretical and historical introduction
- Part 2 The modern law
- 4 Formation of contract
- 5 Third party rights
- 6 Contractual remedies
- 7 The renunciation of contractual rights
- Part 3 The future
- Bibliography
- Index
Summary
If a party undertakes to renounce its contractual rights, or at least creates in the other party’s mind the reasonable impression that it is doing so, can such a course of action be characterised as a promise? Alternatively, if liability arises in such a situation, does it derive from the reliance placed upon the impression conveyed to the other party? The proper characterisation of the renunciation of contractual rights is considered in this chapter.
Terminology
It is important, before attempting to answer these questions, to note that different English language terms are used to describe an undertaking (express or implied) by one party not to enforce its contractual rights against the other. These terms have often been used inconsistently and interchangeably, making analysis of this area of law very difficult. There are some general patterns of usage of terminology which can be discerned, though if European private law is at some stage to be harmonised this is one area where uniformity of terminology would be of great benefit.
- Type
- Chapter
- Information
- Promises and Contract LawComparative Perspectives, pp. 428 - 450Publisher: Cambridge University PressPrint publication year: 2011