Section 21 Waiver and Estoppel

• Library: Remedies 2006

Continuing to perform under the contract after breach by the other party or accepting benefits under the contract constitutes a waiver of the breach after which rescission cannot be sought. Harris v. Desisto, 932 S.W.2d 435, 444 (Mo. App. W.D. 1996); Chem. Fireproofing Corp. v. Bronska, 542 S.W.2d 74, 79 (Mo. App. E.D. 1976). A party may not stand by in silence and see an opponent shift their position or renounce substantive rights on the theory that a contract exists and afterward seek to...