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Report No. 21

36. When breach of warranty excused.-

(1) Non-compliance with a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law.

(2) Where a warranty is broken, the assured cannot avail himself of the defence that the breach has been remedied, arid the warranty complied with, before loss.

(3) A breach of warranty may be waived by the insurer.

[Cf. section 34, English Act]

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