| Commentary

36.1 Meaning of ‘waiver’

| Commentary

36: WAIVERS AND RELEASES

(For waiver and release clauses see Form 36.1 [1522] onwards.)

36.1 Meaning of ‘waiver’

In the law of contract, the term ‘waiver’ is most commonly used to denote the granting of a concession by one party to a contract by not insisting on the precise performance by the other party of a duty under the contract, whether before or after any breach of the term waived. Such a concession may be made by a formal document, in which case it will be in effect a variation of the agreement, or waiver may be implied from

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