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A topic that can give a [[common law]]yer hives. {{sex|She}} is liable to spout much paranoid nonsense — some of it trampling over the very founding principles of the law of {{tag|contract}}, which she learned at her second year {{tag|contract}} law tutor’s breast — if the proposition is advanced that “we have a right, but we didn’t use it”.  
{{g}}A topic that can give a [[common law]]yer hives and an under-confident [[credit officer]] an entire psychiatric episode.  


Does this mean we have lost it forever? If unexercised, does a contractual right evaporate from the page while our counsel wring their hands, like so much dew in the morning sun, or that alcoholic hand gel you find in the public conveniences of officious yet parsimonious organisations?
Our legal friends are liable to spout much paranoid nonsense about [[waiver]]s — some of it will trampling upon the very founding principles of the law they learned at their first-year {{tag|contract}} law tutor’s breast — if the proposition is advanced that “we have a right, but we didn’t use it, and now we might have lost it”.


Your contractual rights are a little less ephemeral than that. You don’t lose them just because you don’t exercise them.
Lost it?  Forever? Can a contractual right, unexercised, really just ''evaporate'' from the page while counsel wring their hands, like so much dew in the morning sun, or that alcoholic gel you find in the public conveniences of officious yet parsimonious organisations?
 
Your contractual rights are a not quite that ephemeral. You don’t lose them just because you don’t exercise them.


There are two kinds of [[waiver]]: [[waiver by election]] and [[waiver by estoppel]].
There are two kinds of [[waiver]]: [[waiver by election]] and [[waiver by estoppel]].


{{waiver}}
{{waiver}}

Revision as of 16:14, 1 July 2019

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A topic that can give a common lawyer hives and an under-confident credit officer an entire psychiatric episode.

Our legal friends are liable to spout much paranoid nonsense about waivers — some of it will trampling upon the very founding principles of the law they learned at their first-year contract law tutor’s breast — if the proposition is advanced that “we have a right, but we didn’t use it, and now we might have lost it”.

Lost it? Forever? Can a contractual right, unexercised, really just evaporate from the page while counsel wring their hands, like so much dew in the morning sun, or that alcoholic gel you find in the public conveniences of officious yet parsimonious organisations?

Your contractual rights are a not quite that ephemeral. You don’t lose them just because you don’t exercise them.

There are two kinds of waiver: waiver by election and waiver by estoppel.

See also

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