Wavering On Waivers

"The law is still in a state of development and neither the boundaries nor the requirements of the two doctrines (waiver and estoppel) are as yet clearly marked out. The area is further confused by the inconsistent use of terminology. Different judges and writers use different words to mean the same thing and the same words to mean different things. 'Waiver', 'total waiver', 'waiver of remedy', 'waiver of rights', 'election', 'abandonment', 'equitable estoppel', ' quasi estoppel' and 'waiver estoppel' are among the expressions which have been used. It is clear that several of these expressions mean the same thing."¹