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Your contractual rights are a not quite that ephemeral — at least not under [[English law]]. (Americans might like to check our page on [[course of dealing]] however). You don’t lose them ''forever'' just because you don’t exercise them: you might, however, be ''delayed'' in being able to exercise your rights. | Your contractual rights are a not quite that ephemeral — at least not under [[English law]]. (Americans might like to check our page on [[course of dealing]] however). You don’t lose them ''forever'' just because you don’t exercise them: you might, however, be ''delayed'' in being able to exercise your rights. | ||
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) (for example, in selecting velveteen leopardskin upholstery for your new Tesla, you are waiving the opportunity to have chintz); 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. | ||
Generally, litigation tends to concern ''waiver by estoppel'', and arguments about [[waiver by election]] trouble only [[cakeists]]. | |||
Spiritually related, we think, to the reliance and [[change of position]] aspects of a defence to a claim in [[restitution]]. | Spiritually related, we think, to the reliance and [[change of position]] aspects of a defence to a claim in [[restitution]]. | ||