Contracts & ExecutionQuestion 868 of 1632

A 'waiver' in the context of a contract generally refers to:

a.The voluntary, intentional giving up of a known contract right
b.A mandatory arbitration process that the parties are required to follow
c.A court order compelling the other party to perform what it promised
d.A brand-new contract replacing the one already signed

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 §1689.13

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