Professor Farnsworth criticizes this common definition of waiver as imprecise and offers the following alternative definition: ". . . the excuse of the nonoccurrence of or a delay in the occurrence of a condition of a duty." Farnsworth, Contracts 540-41 (3d Ed. 1999). How would you apply his definition to this case?
Suppose that after receiving payments for a few months, Holiday Hospitality Franchising told the plaintiffs that they no longer had to pay any franchise fees. Would that constitute a waiver? See R.2d Contracts 84(1).