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waiverconstructiondefects
Toucan Energy Holdings Ltd v Wirsol Energy Ltd
[2021] EWHC 895 (Comm)
Key Principle
On a sale and EPC contract for solar parks, whether and when a contracting party is obliged to give a waiver/consent is determined by the ordinary principles of contractual construction, and a party may be bound to grant a waiver where the contract so requires (or be treated as having done so by equitable/estoppel-type waiver) on the facts.
Area of Law
General
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