Waiver: Difference between revisions

Waiver (view source)

Revision as of 10:27, 29 April 2020

638 bytes removed , 29 April 2020

no edit summary

Amwelladmin

Bureaucrats, Interface administrators, Administrators

82,891

edits

@@ Line 1: / Line 1: @@
-{{a|boilerplate|
+{{a|g|
 [[File:Wafer.png|450px|thumb|center|Don’t worry about it mate.]]
-}}A topic that can give a [[common law]]yer hives and an under-confident [[credit officer]] an entire psychiatric episode.
+}}A topic that can give a [[common law]]yer hives and an under-confident [[credit officer]] an entire psychiatric episode.  So much so that it once lead to a [[no waiver]] clause, and [[legal eagles and credit officers liked it so much it became part of the [[Boilerplate|legal furniture of almost every commercial agreement]]. You even see this boilerplate in [[confidentiality agreements]] for heaven’s sake.
-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”.
-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 — at least not under [[English law]]. (Americans might like to check our page on [[course of dealing]] however). 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]].
+{{Waiver capsule}}
 {{waiver}}