Commentary

36.4 Waivers distinguished from releases

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

36.4 Waivers distinguished from releases

| Commentary

36.4 Waivers distinguished from releases

A release clause operates in a similar fashion to a waiver, in that the aim is generally to allow one party to be relieved from a particular obligation or claims and liabilities. The distinction between a release and a waiver is that the latter is more usually confined to the situation where one party is in breach of an obligation. A general clause releasing a party from his obligation might read as follows:

‘Party A releases Party B from all his obligations under the [document]’

A release can be either from all or

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