Practitioners should be aware that email correspondence can give rise to a valid contractual waiver, and to waiver by estoppel.
Where a contract requires a waiver to be given in writing, this can be done by email.
An email can be validly signed electronically where:
i) ‘individuals’ names are added or form part of the footers;
ii) the insertion of “kind regards”, “thanks”, or “many thanks” indicates an intention to connect the name with the contents of the emails;
iii) the footers at the end of each email contain names and contact details in the conventional style of a signature.