Waiver: Difference between revisions

1,807 bytes removed ,  7 February 2023
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{{Waiver capsule}}
{{Waiver capsule}}
===Waiver chains===
{{waiver chains}}
You will see deep in the [[boilerplate]] confections like this:
{{quote|“Any waiver of any breach of this agreement shall not be deemed to operate as a waiver of any ''subsequent'' breach thereof.”}}
You know what the JC thinks about [[I never said you couldn’t|contractual denials of things no-one was asserting in the first place]]: they are a waste of trees. Is this, as it seems, such a waste of trees, or are waivers some kind of magical force-field of contractual energy, that spark and fizz and o’er-leap logical gates, like pole-vaulting crabs — that one waiver could trigger a ''chain'' of waivers, snaking into the distance, or mushrooming exponentially into a violent litigatory fireball?
 
Now, to be sure, it has been a while since the [[Jolly Contrarian|JC]] sat in a [[contract]] law lecture — but, readers, we don’t remember the golden thread of precedent that led down this particular alley. Nor, as far as we know has there been a new one in the intervening decades t hat should justify this boilerplate. We feel this is paranoid, throwaway [[verbiage]] — perhaps prompted by a near miss once, or a bad dream, or one of those psychiatric episodes [[Credit officer|credit officers]] are prone to.<ref>Legal scholars/students/friends: Do [mailto:enquiries@jollycontrarian.com write in] if you know the genesis of this piece of [[boilerplate]], won’t you? </ref>
 
But we are not sure it is likely. After all, on the English law theory of the game, a waiver is an impermanent, for the time being, sort of thing. You can stop a single waiver, as long as you give your counterparty time enough to get back on her horse and fashion a run-up so she can approach the fence at a reasonable clip. So even if one waiver might spark another one, they can be doused easily enough.
 
 
 
{{waiver}}
{{waiver}}
*[[I never said it was]]
*[[I never said it was]]
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