Waiver means that a person waives all or part of their legal rights under a contract. There is more than one way to waive a right, and a waiver may or may not be intentional. Any delay, omission, abstention or abstention by either party in exercising any of the rights or any breach by a party under this Agreement shall not be construed as a waiver of such right, nor shall it affect such right on future occasions. Over the years, the doctrine of waiver has also been applied in cases where the parties wish to waive their rights under the law. There have been cases where the waiver of a statutory right has been requested, and the Supreme Court has ruled on this. The Waman Shriniwa case was one of the first such cases in which the Supreme Court declared a waiver of legal rights permissible as long as such a waiver did not violate the rights of others and did not violate public order or morality. This is intended to avoid a loss of legal claims. But they don`t always succeed. This occurs when a party expressly agrees to waive its statutory rights. Such an agreement is binding provided that the normal requirements of a contract are met. The case of Waman Shriniwa gave the judiciary enough insight to reflect on the doctrine of waiving legal rights.

However, even if a contractual waiver is permitted, that waiver is subject to certain limitations. Various court decisions have shown that no one may waive any of his statutory rights, which have been enacted in the public interest.12 An example of a written waiver is a disclaimer that becomes a waiver upon acceptance. If the right to hold a person liable through legal action is waived, the waiver can be qualified as a disclaimer, waiver of liability, statutory release or indemnification clause. Since the party signing the waiver waives a claim to which it is entitled, it goes without saying that it will generally only do so if it receives an additional benefit. A waiver clause in a contract is intended to limit the effect of the general waiver. A waiver is not a modification of a contract. Variations: If there is a contractual consideration, it can also be a modification of the contract. In this case, it cannot be a breach of contract because there was a contractual right to do what was done. .