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-{{g}}A topic that can give a [[common law]]yer hives and an under-confident [[credit officer]] an entire psychiatric episode.
+{{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.
-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”.
+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.
-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?
+===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.
-Your contractual rights are a not quite that ephemeral. 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]].
+===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}}