Waiver: Difference between revisions

← Older edit

Waiver (view source)

Revision as of 05:47, 29 June 2023

872 bytes added , 29 June 2023

no edit summary

Amwelladmin

Bureaucrats, Interface administrators, Administrators

82,891

edits

@@ Line 1: / Line 1: @@
-A topic that can give a [[common law]]yer hives. {{sex|She}} is liable to spout much paranoid nonsense — some of it trampling over the very founding principles of the law of {{tag|contract}}, which she learned at her second year {{tag|contract}} law tutor’s breast — if the proposition is advanced that “we have a right, but we didn’t use it”.
+{{a|boilerplate|{{image|Wafer|png|Don’t worry about it mate.}}}}{{d|Waiver|/ˈweɪvə/|n|}}A topic that can give a [[common law]]yer hives and an under-confident [[credit officer]] an decent psychiatric episode: so much so that it once led to someone creating a pioneering “[[no waiver]]” clause, and [[legal eagle]]s and [[credit officer]]s liked it so much they hasve kept it ever since.
-Does this mean we have lost it forever? If unexercised, does a contractual right evaporate from the page while our counsel wring their hands, like so much dew in the morning sun, or that alcoholic hand gel you find in the public conveniences of officious yet parsimonious organisations?
+These days, [[no waiver]] clauses are so deeply woven into the [[Boilerplate|legal furniture]] of commerce that we barely pause to regard them. We even see them in [[NDA]]s, for heaven’s sake.
-Your contractual rights are a little less ephemeral than that.
+===Disclaimer versus waiver===
+Sometimes [[disclaimer]]s are described as [[waiver]]s. Strictly speaking, different things. A “disclaimer” is a binding — we hope — contractual agreement limiting one’s liability for a given outcome. A “waiver” is a representation, unsupported by consideration, that one will not insist upon one’s existing contractual rights.
-There are two kinds of [[waiver]]: [[waiver by election]] and [[waiver by estoppel]].
+===What is waived can never die. Can it?===
+{{Waiver capsule}}
+{{waiver chains}}
+===Contracting out===
+You can of course contract out of waivers. The rent review process in a standard commercial lease is a good example of when this happens. [[Time is of the essence|Time is deemed ''not'' of the essence]]: if the review is delayed, the landlord is entitled to back-date it, and charge accrued interest, it to when it was entitled to conduct rent review (though it will generally be held to an objectively-determined market rental for the period). We discuss this in a little more detail [[Time is of the essence#Time being not of the essence and rent review|here]].
 {{waiver}}
+*[[I never said it was]]
+{{ref}}