Ogilvy v Hope Davies [1976] 1 All ER 683 is an English contract law case concerning promissory estoppel.

Hope Davies' solicitors delayed making requisitions and completion till the deed was sent, and this put Ogilvy at a loss.

It is it seems to me a case which might well not have come before this court if the instructing solicitors on both sides had not, as the correspondence shows, become irritated with each other shortly after the end of the summer term in 1973.

Legally, I consider the position is governed by the principles of waiver or promissory estoppel, however it may be classified, which are set out for example, in the judgment of Lord Denning M.R.

Alan & Co. Ltd. v. El Nasr Export and Import Co.[1] There, after referring to Panoutsos v. Raymond Hadley Corporation of New York[2] and Enrico Furst & Co. v. W.E.

The principle of waiver is simply this: If one party, by his conduct, leads another to believe that the strict rights arising under the contract will not be insisted upon, intending that the other should action that belief, and he does act on it, then the first party will not afterwards be allowed to insist on the strict legal rights when it would be inequitable for him to do so: see Plasticmoda Societa per Azioni v. Davidsons (Manchester) Ltd.[7] There may be no consideration moving from him who benefits by the waiver.

He may on occasion be able to revert to his strict legal rights for the future by giving reasonable, notice in that behalf, or otherwise making it plain by his conduct that he will thereafter insist upon them: Tool Metal Manufacturing Co. Ltd. v. Tungsten Electric Co. Ltd.[8] But there are cases where no withdrawal is possible.

[10] A seller may, by his conduct, lead the buyer to believe that he will not insist on a confirmed letter of credit: Plasticmoda,[11] but will accept an unconfirmed one instead: Panoutsos v. Raymond Hadley Corporation of New York ;[12] Enrico Furst & Co. v. W.E.

[13] A seller may accept a less sum for his goods than the contracted price, thus inducing him to believe that he will not enforce payment of the balance: Central London Property Trust Ltd. v. High Trees House Ltd.[14] and D. & C. Builders Ltd. v.