California | Civil Litigation
Legal Question
Hello,
I have a fairly easy question regarding legal terminology. I'm trying to find the term or phrase for the situation when a person does not enforce certain stipulations of a contract he entered, and therefore negates his future ability to sue for breach of that stipulation.
The easiest example I can think of is rent (this is a transportation law issue, but I think this analogy is appropriate); if a lease agreement states that rent is due on the 5th, yet a landlord consistently allows rent to be paid on the 10th with no penalty, he loses his ability to enforce (evict, collect fees) the stipulation.
As I understand it, unless there is language to the contrary, our mutual disregard of this stipulation is a tacit modification of the terms of the contract. I simply need the appropriate legal phrase that summarizes these three paragraphs. Thank you!
Share This On:
