ContractsIntermediateDelaware Exam

What is 'waiver' in the context of Delaware real estate contracts?

AThe forfeiture of earnest money for breach
BThe voluntary relinquishment of a known contractual right, which may occur expressly or by conduct inconsistent with asserting the rightCorrect
CSimply a formal release from contractual obligations that must be issued directly by the Real Estate Commission, across most transactions
DThe seller's right to reject an inadequate offer

Why The voluntary relinquishment of a known contractual right, which may occur expressly or by conduct inconsistent with asserting the right Is Correct

Answer B: The voluntary relinquishment of a known contractual right, which may occur expressly or by conduct inconsistent with asserting the right

Waiver is the intentional relinquishment of a known right. A party who fails to enforce a contract right may be deemed to have waived it.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

Key Contracts Terms in This Question

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