I. Explain the impact of waiver in performing contract obligations.
II. Give an example of waiver. Explain how waiver could prevent the enforcement of contract terms under your example.
I. The impact of waiver in performing contractual obligations.
Waiver of a condition affects the contract as if the waived condition had been met, triggering the performance that depended on the waived condition.
II. An example of waiver that prevents the enforcement of contractual terms.
Jonathan Swift and Britain agree to a modest proposal, where swift promises to fix the both the plight of the Irish poor and their blight on greater Great Britain—if:
(1) the elite of England will make a series of specific changes to the unjust economic and social policies of Britain; and
(2) the poor of Ireland agree to contribute to their own progress against poverty and overpopulation, by selling their children to the English elite to be cannibalized.
Later, Swift waives the Irish condition, figuring it condition enough for fixing Britain, if the English will but change their unjust social and economic policies.
Swift’s waiver serves to adjust the contract as if the cannibalism condition had been met—preventing the enforcement of the actual cannibalism condition, so that fulfillment of only the English-policies condition is sufficient for the Irish and British to fulfill their performance and trigger Swift’s duty to complete his performance in the modest proposal.