Question

Scenario 1:

Andy was involved in a car accident where his car was badly damaged. The other driver, Bob, was at fault and Andy has a strong case to claim compensation for the repairs. However, before Andy could proceed with legal action, Bob approached him and offered to pay for the damages out of his own pocket. Andy agrees and they sign a written agreement stating that Bob will pay for the repair costs in full. A few days later, Bob changes his mind and refuses to fulfill his promise.

Can Andy still pursue legal action against Bob for the damages? Discuss the effect and application of the law on waiver of rights in resolving the situation.

Scenario 2:

Chris and David are business partners who own a commercial property together. Due to financial difficulties, Chris decides to sell his share of the property to David. They enter into a written agreement where Chris waives his rights and transfers full ownership to David. However, a few months later, Chris discovers that David has been generating significant profits from the property without sharing any proceeds with him.

Can Chris challenge the written agreement and claim his share of the profits from the property? Analyze the effect and application of the law on waiver of rights in this scenario.