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Kovacs

3 September 2009

This judgment deals with questions relating to tacit and oral waivers and variations of the terms of written agreements for the sale of land. The Court confirmed that a variation in the manner of performance of a contractual obligation may discharge that obligation if the variation was accepted by the other contracting party and if the performance constitutes full compliance with the obligation.

However, the question that arose here was what happens when the alleged mutual waiver of the manner of performance does not constitute full performance.

The judgment clarifies the principles that apply when contracting parties allege that there was a waiver or tacit agreement to vary terms of the agreement and, as such, is a must read.

Judgment summary on ITA and Full judgment

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