Weekly Review: 18th – 22nd February 2013

Contract: breach: waiver

Making arrangements for completion of a contract cannot amount to a waiver of a contractual right of termination unless what is said and done amounts to an unequivocal communication that the right to terminate will not be exercised (Lancashire Insurance Co Ltd v MS Frontier Reinsurance Ltd)

Deed of Mutual Covenant: construction

The Deed of Mutual Covenant is the primary guide when deciding on whether part of a building is or is not a common part. In particular, it prevails over any description of a part of the building as being for exclusive use found in a later assignment (Chow Sai Ping v Chan Yam King)

Nuisance: planning consent: change in the character of a locality

The grant and implementation of a planning consent can change the character of a locality and this changed character can be relevant when deciding on whether or not a nuisance has been committed (Lawrence v Coventry (t/a RDC Promotions))

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