English Court of Appeal: Awareness Is Necessary to Waive Contractual Termination Rights

The English Court of Appeal’s judgment in Ure Energy makes an important contribution to the law of waiver.

By Nell Perks and Anna Kullmann

Key Points:

  • Ure Energy confirms that the principle in Peyman v. Lanjani applies in cases of express contractual termination rights.
  • For a party to affirm a contract and waive its contractual right to terminate, it must actually know of the facts giving rise to its right to terminate, and the existence of that right.

Introduction

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