Tisara Packaging Industries Ltd vs. Attorney General – sllr 2019 volume 2 page 422
In the case between Tisara Packaging Industries Ltd (plaintiff) and the Attorney General (on behalf of the State) (defendant), the Supreme Court addressed the issue of breach of contract arising from the failure to print and deliver textbooks as agreed. It was determined that partial performance and administrative lapses did not amount to a waiver or mutual termination of the contractual obligations, and the onus to prove such a waiver rested squarely on the party alleging it. The holding reaffirmed the principle that waiver must be established by clear and unequivocal evidence, and non-compliance with administrative requirements, such as issuance of show-cause notices or blacklisting, does not negate substantive contractual duties. This decision relied on established contract law doctrine

