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Difference between revisions of "Clinician Guide for Consumer Transactions (11:X)"
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Clinician Guide for Consumer Transactions (11:X) (view source)
Revision as of 04:41, 13 August 2016
, 04:41, 13 August 2016→5. Laches or Acquiescence, Waiver, and Estoppel
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The doctrine of laches becomes relevant if one party unreasonably delays pursuing a claim, and the other party is thereby prejudiced. | The doctrine of laches becomes relevant if one party unreasonably delays pursuing a claim, and the other party is thereby prejudiced. | ||
Promissory estoppel occurs when one party promises not to enforce his or her rights under the contract. In such a case, and where the other party has relied on the promise, it may be inequitable to allow the first party to later enforce the right. For an example of how promissory estoppel can be raised, see ''Central London Property v High Tress House'' [1947] 1 KB 130. | Promissory estoppel occurs when one party promises not to enforce his or her rights under the contract. In such a case, and where the other party has relied on the promise, it may be inequitable to allow the first party to later enforce the right. For an example of how promissory estoppel can be raised, see ''Central London Property v High Tress House'', [1947] 1 KB 130, [1956] 1 All ER 256. | ||
In some circumstances, a party to a contract can waive rights within the contract. It may be possible to retract the waiver with reasonable notice. | In some circumstances, a party to a contract can waive rights within the contract. It may be possible to retract the waiver with reasonable notice. | ||
=== 6. Unconscionability, Undue Influence, and Duress === | === 6. Unconscionability, Undue Influence, and Duress === | ||