A 'waiver' in the context of a contract generally refers to:
Explanation
Waiver is the intentional relinquishment of a known right: it needs knowledge of the right and conduct showing an intention to give it up, and conduct counts as much as words — which is how a party that accepts late payments for months can waive the strict-timing clause it later wants to enforce. (d) is a novation, which requires everyone's consent and a substituted obligation (Civil Code §1530). (c) is specific performance, a court remedy rather than a party's own act. (b) is arbitration, a forum agreement. One caution: not every right can be waived. The Three-Day Right to Cancel in B&P §7159(e) is waivable only through the narrow emergency route in Civil Code §1689.13, and the mandatory §7159 contract terms are not waivable at all.
Law Reference: Civil Code §1530; Bus. & Prof. Code §7159(e); Civil Code §1689.13This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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