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15 January, 2016 - 09:33

A second means of discharge is by waiver, whereby a party voluntarily gives up a right she has under a contract but doesn’t give up the entire right to performance by the other side. Tenant is supposed to pay rent on the first of the month, but because his employer pays on the tenth, Tenant pays Landlady on that day. If Landlady accepts the late payment without objection, she has waived her right to insist on payment by the first of the month, unless the lease provides that no waiver occurs from the acceptance of any late payments. See Waiver of Contract Rights; Nonwaiver Provisions , Minor v. Chase Auto Finance Corporation. A “waiver” is permission to deviate from the contract; a “release” means to let go of the whole thing.