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To find out more, read on about the two kinds of [[waiver]]: [[waiver by election]] — really, to state the bleeding obvious that by selecting alternative (1) under a contract, you are foregoing its mutually exclusive alternative (2); and [[waiver by estoppel]] that, by your conduct in the furtherance of an existing contract, your election not to exercise a right gives right to an expectation you won’t exercise it, at least without giving further notice and a reasonable time for your counterparty to sort themselves out and get ready to perform it. | To find out more, read on about the two kinds of [[waiver]]: [[waiver by election]] — really, to state the bleeding obvious that by selecting alternative (1) under a contract, you are foregoing its mutually exclusive alternative (2); and [[waiver by estoppel]] that, by your conduct in the furtherance of an existing contract, your election not to exercise a right gives right to an expectation you won’t exercise it, at least without giving further notice and a reasonable time for your counterparty to sort themselves out and get ready to perform it. | ||
Spiritually related, we think, to the | Spiritually related, we think, to the reliance and [[change of position]] aspects of a defence to a claim in [[restitution]]. |