236. Estoppel and waiver.

The term 'waiver' is used in a number of situations1:

  1.  

    (1)     where there has been a new agreement or an accord and satisfaction which releases one party from its original obligations2;

  2.  

    (2)     where there has been a repudiatory breach of contract and the innocent party affirms the contract3;

  3.  

    (3)     where there are circumstances from which one party can be said to have 'accepted' defective or incomplete performance by the other party4;

  4.  

    (4)     where one party promises to forego its strict contractual rights, producing a temporary suspension of those rights which may later result in an estoppel.

Where one party has

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