Waiver and release


Published by a ½Û×ÓÊÓƵ Commercial expert
Practice notes

Waiver and release


Published by a ½Û×ÓÊÓƵ Commercial expert

Practice notes
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This Practice Note explains the nature of waiver and release in the context of commercial contracts, the distinction between the two and the clauses which deal with waiver (also known as a ‘no-waiver’ clause) and release. The waiver clause is generally recognised as one of the boilerplate clauses of an agreement and its purpose is to prevent inadvertent waiver of legal rights from being effective, including the right to terminate following a breach of contract.

What does ‘waiver’ mean?

In the law of contract, the term ‘waiver’ may have different meanings but is most commonly used to denote the granting of a concession by one party to a contract, whereby it does not insist on the precise performance by the other party of a duty under the contract, whether before or after any breach of the term being waived. For further details of other possible meanings, see: Waiver: Halsbury’s Laws of England [251].

Types of waiver

Waiver may be express or implied from conduct. In either case it must amount to an unambiguous representation arising as the result of a positive

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Waiver definition
What does Waiver mean?

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.

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