Application of estoppel and waiver in the non-fulfillment of condition precedent

Since the early 1856, the judge has already recognized the importance of the conditions precedent in contract law. In construction contract, conditions precedent is widely used in time-bar provision and usually stipulates the contractor to comply with certain specified procedures if he wants to avai...

Full description

Saved in:

Bibliographic Details
Main Author:	Hidzir, Nur 'Izzati
Format:	Thesis
Language:	English
Published:	2014
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/78327/1/NurIzzatiHidzirMFAB20141.pdf
Tags:	Add Tag No Tags, Be the first to tag this record!

id	my-utm-ep.78327
record_format	uketd_dc
spelling	my-utm-ep.783272018-08-26T11:51:50Z Application of estoppel and waiver in the non-fulfillment of condition precedent 2014-01 Hidzir, Nur 'Izzati TH Building construction Since the early 1856, the judge has already recognized the importance of the conditions precedent in contract law. In construction contract, conditions precedent is widely used in time-bar provision and usually stipulates the contractor to comply with certain specified procedures if he wants to avail himself of other contractual provisions. It is possible under English law for a condition precedent to be effective, so as to preclude a claimant from bringing an invalid claim. However, in practice, especially in construction contract for instance, the particular circumstances of each situation will need to be considered, not solely because the courts construe these provisions extremely strictly, but also because the actual circumstances of the case might reveal that the conditions precedent has not been effective. Under these circumstances, the contractor may be able to rely upon the equitable principles of waiver and/or estoppel. This principle of estoppel and waiver however can be used only on certain circumstances. Hence the objective of this research is to identify the circumstances or situations that allow the application of estoppel and waiver to be used when the contractor fails to follow conditions precedent. To achieve the objective of this research ten law cases were identified. From the analysis of these cases, there are seven circumstances have been identified: one, when there is non-denying of non-fulfillment of conditions precedent by the employer; two, when there is an acceptance of late submission of conditions precedent in the previous performance; three, when there is a promise made by the employer to the contractor; four, when the conduct or actions made by the employer that gives an impression of accepting of non-fulfillment of conditions precedent; five, when there is failure of the performance of conditions precedent on the employer‟s part that lead to the non-fulfillment of conditions precedent on the contractor‟s part; six, when there is conducts or acts made by the employer that gives agreement to prolong the period of the fulfillment of conditions precedent and lastly, when there is an acceptance of the performance even though the conditions precedent is not been fulfilled. Besides, there are also certain cases that point out that conditions precedent may remain effective. 2014-01 Thesis http://eprints.utm.my/id/eprint/78327/ http://eprints.utm.my/id/eprint/78327/1/NurIzzatiHidzirMFAB20141.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:80019 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Hidzir, Nur 'Izzati Application of estoppel and waiver in the non-fulfillment of condition precedent
description	Since the early 1856, the judge has already recognized the importance of the conditions precedent in contract law. In construction contract, conditions precedent is widely used in time-bar provision and usually stipulates the contractor to comply with certain specified procedures if he wants to avail himself of other contractual provisions. It is possible under English law for a condition precedent to be effective, so as to preclude a claimant from bringing an invalid claim. However, in practice, especially in construction contract for instance, the particular circumstances of each situation will need to be considered, not solely because the courts construe these provisions extremely strictly, but also because the actual circumstances of the case might reveal that the conditions precedent has not been effective. Under these circumstances, the contractor may be able to rely upon the equitable principles of waiver and/or estoppel. This principle of estoppel and waiver however can be used only on certain circumstances. Hence the objective of this research is to identify the circumstances or situations that allow the application of estoppel and waiver to be used when the contractor fails to follow conditions precedent. To achieve the objective of this research ten law cases were identified. From the analysis of these cases, there are seven circumstances have been identified: one, when there is non-denying of non-fulfillment of conditions precedent by the employer; two, when there is an acceptance of late submission of conditions precedent in the previous performance; three, when there is a promise made by the employer to the contractor; four, when the conduct or actions made by the employer that gives an impression of accepting of non-fulfillment of conditions precedent; five, when there is failure of the performance of conditions precedent on the employer‟s part that lead to the non-fulfillment of conditions precedent on the contractor‟s part; six, when there is conducts or acts made by the employer that gives agreement to prolong the period of the fulfillment of conditions precedent and lastly, when there is an acceptance of the performance even though the conditions precedent is not been fulfilled. Besides, there are also certain cases that point out that conditions precedent may remain effective.
format	Thesis
qualification_level	Master's degree
author	Hidzir, Nur 'Izzati
author_facet	Hidzir, Nur 'Izzati
author_sort	Hidzir, Nur 'Izzati
title	Application of estoppel and waiver in the non-fulfillment of condition precedent
title_short	Application of estoppel and waiver in the non-fulfillment of condition precedent
title_full	Application of estoppel and waiver in the non-fulfillment of condition precedent
title_fullStr	Application of estoppel and waiver in the non-fulfillment of condition precedent
title_full_unstemmed	Application of estoppel and waiver in the non-fulfillment of condition precedent
title_sort	application of estoppel and waiver in the non-fulfillment of condition precedent
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2014
url	http://eprints.utm.my/id/eprint/78327/1/NurIzzatiHidzirMFAB20141.pdf
_version_	1747817962168909824

Application of estoppel and waiver in the non-fulfillment of condition precedent

Similar Items