- Elections and changes of position in the Caribbean (Delta Petroleum v BVI Electricity Corp)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Waiver by election
- Unjust enrichment
- Case details
Dispute Resolution analysis: The Privy Council board in Delta Petroleum has considered the application of the doctrine of waiver by election and provided useful guidance on when the doctrine will apply in the performance of contracts. Furthermore, the board reviewed the inherent power of appellate courts to award restitution with interest, and the considerations that will apply to a change of position defence if raised by a public entity. Written by James Saunders, barrister at New Square Chambers.
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