Is a waiver enforceable if one of the parties relinquishes a right due to misrepresentations by the other party?
MultiRegion, United States of America
The following excerpt is from Tuscano v. Malibu Grand Prix Corp., 843 F.2d 502 (9th Cir. 1988):
Although relinquishment of a right as a result of inadvertence does not void an otherwise valid waiver, relinquishment of a right due to the misrepresentations of the other party can affect the enforceability of a waiver. Where one of the parties to an agreement shows that he was induced to execute the agreement due to the misrepresentations of the other party, the agreement can be set aside. Bradley v. Industrial Commission, 51 Ariz. 291, 76 P.2d 745, 749 (1938).
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