| Commentary

36.2 Waiver and breach of contract

| Commentary

36.2 Waiver and breach of contract

If a party is in breach of contract, the other party (or parties) has a number of options. The other party can:

  1. (a)

        take action against the defaulting party for breach of contract;

  2. (b)

        complain about the breach but take no action; or

  3. (c)

        ignore the breach.

A waiver clause generally seeks to assert that if a party fails to take action in respect of a breach, it does not lose the rights to take action in respect of the instant breach and/or any subsequent breaches. However, if the other party does nothing about the

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