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[[Waiver]] is a place where the laws of the New World and the Old diverge. | [[Waiver]] is a place where the laws of the New World and the Old diverge. | ||
Does one really need a contractual provision dealing with the consequences of a fellow’s good-natured ''indulgence'' when carrying on commerce in the international markets? Those with an English qualification and a stout constitution will snort, | Does one really need a contractual provision dealing with the consequences of a fellow’s good-natured ''indulgence'' when carrying on commerce in the international markets? Just because I was kind enough to indulge you in not insisting on my strict legal rights, does the law punish me by taking away those rights for ever? Should I recorded for posterity that by granting such an accommodation I mean no waiver? Those with an English qualification and a stout constitution will snort, make reference to {{casenote|Hughes|Metropolitan Railway}} and say it is inconsequential fluff that goes without saying;<ref>Those with less fortitude will say, “well it does no harm, so let’s just put it in there, okay?”</ref> Americans, Accustomed to the [[Uniform Commercial Code]] will tread more carefully, lest they create a relationship-altering “[[course of dealing]]”. | ||
{{course of dealing vs waiver}} | {{course of dealing vs waiver}} |