000			01371cab a2200193 4500
001			ABS38929
008			090401t1988 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u13382
041			_aeng
245			_aElectricity Supply Nominees (Scotland) Ltd v Combined Capital Ltd
260			_c1988
350			_a0
490			_aScots Law Times _v(1988) SLT 209-1210(2)
520			_aOuter House 3 July 1987 An action raised by the Electricity Supply Nominees (Scotland) Ltd (E) against their tenants Combined Capital Ltd (C) for payment of service charges allegedly due under the lease . E pleaded that C having previously made those payments without objection had waived their right to refuse payment. C argued that on a sound construction of the lease they were not liable to pay the charges, maintaining that the previous payments had been made in error. The landlords did not aver that they had sustained prejudice as a result of C`s prior actings. Held, that the absence of averments of prejudice was not fatal to E`s plea of waiver , but for the question of waiver to arise there required to be an identifiable pre-existing right to be waived and the right to refuse payment did not constitute such a right. Plea of waiver repelled.
650			_aBUSINESS TENANCIES
690			_aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942			_n0
948			_c04/03/1997
999			_c8629 _d8629