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Waiver and estoppel arguments against debt enforcement

2 March 2025 / Author(s): James Sheehan KC
Issue: March 2025 / Categories: Feature
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This article considers arguments of waiver, estoppel and variation that borrowers may raise to resist debt enforcement action, and their interaction with so-called “no oral modification” provisions typically found in finance documentation. It also considers some practical implications of the principles in the banking and finance context.

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