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No waiver necessary for instances of implied consent

There is likely no need for a waiver in situations where implied consent exists. Implied consent exists when there are known risks. For example, in sporting events, there is implied consent for ordin...

No waiver necessary for a medical emergency

In the event of a medical emergency, the consent of the patient is not required when the doctor believes the treatment is necessary. For example, in Marshall v. Curry (1933), M.P.R. 267, the plaintif...

Distinct actions or representations are required in order to waive the strict language of a contract

Discussion: A party can waive the strict language of a contract where, by its actions or representations, it leads the other to believe that those contractual rights will not be enforced. In Tas-Mari ...

Legal Tips and Tricks: Boilerplate Provisions Of Your Agreement

Don’t ignore the boilerplate provisions of your agreements.  Although the language appears the same every time you read these clauses, subtle differences can and will make a difference in interpret...
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