Waiver
Contract Law

Waiver is a set of rules of law that commonly apply to contracts. A waiver may apply where a party to a contract acquiesces to a request by the party in breach to not enforce a particular term of the contract, or where a party simply fails to enforce the legal right.

As such, the party may be found by a court in litigation to have waived their right to enforce the term.  A party may prejudice their rights in this way by clear and unequivocal verbal statements, in writing or by conduct by leading the other party to believe that the terms of the contract will not be enforced, provided the defendant changed their position in reliance of the statement.

It is important to distinguish between a variation of a contract which is made legal binding by consideration and waiving legal rights may mean a number of different principles which relate more to conceding legal rights that would otherwise be enforceable. The former are better known as 'variations' to the cotnract and the latter are best referred to as 'forbearances'.

The uncertainty of effect of the law may be mitigated by the inclusion of what may be called a 'waiver clause' into the terms of the contract, which may be drafted to have the effect of preventing one instance of a waiver or forbearance on one occasion carrying over to other occasions or insisting on performance after a positive waiver after issuing reasonable notice.