Eileen Tay Shing Lee (Eileen Zheng Hanni) v Liang Ting Pang Jeffrey

Contract — Waiver — Waiver by election where contracting party elects between inconsistent contractual rights — Whether receipt of payments by one contracting party from another contracting party communicates clearly and unequivocally an election to abandon contractual remedy for payment under accelerated liability for whole sum in favour of instalment payments with payment liabilities staggered pursuant to payment schedule in contract; Contract — Variation — No oral modification clause — Whether receipt of payments by one contracting party from another contracting party sufficient under all circumstances to rebut presumption of no oral variation in absence of agreement signed and in writing such as to maintain subsisting validity of instalment payments with payment liabilities staggered pursuant to payment schedule in contract notwithstanding contractual breach triggering acceleration of payment liability for whole sum due under acceleration provision in contract