The term 'waiver' is used in a number of situations1:
(1) where there has been a new agreement or an accord and satisfaction which releases one party from its original obligations2;
(2) where there has been a repudiatory breach of contract and the innocent party affirms the contract3;
(3) where there are circumstances from which one party can be said to have 'accepted' defective or incomplete performance by the other party4;
(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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