Clark v. West case brief

Clark v. West; (Ct of Appeals of NY, 1908); CB 856; Notes 60

• Facts: Terms: no drinking clause; P says D waived based on their actions
• Holding: court says that there are things that can’t be waived. Cannot waive terms that are essential to the contract (i.e. can’t waive consideration). Court holds in this case that drinking was a condition that could be waived; consideration was the manuscript not the abstinence clause
• Rule: Waiver can’t be applied to everything in the contract. (i.e. things that run to the heart and the essence of the contract.) Couldn’t accept less payment for sale of goods. Waivers apply to formal requirements re: procedural aspects in support of the basis of the contractual agreement. You cannot waive the basic consideration of the contract. The waiver goes to the more peripheral provisions of a contract.