Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Friday, July 1, 2011

Contractual rights may be waived and thereby become unenforceable


A party may waive a contractual right, and waiver can be asserted as an affirmative defense against a party seeking to enforce a contractual right after the party intentionally relinquished the right or engaged in conduct inconsistent with enforcement of the right. Tenneco Inc. v. Enter. Prods. Co., 925 S.W.2d 640, 643 (Tex. 1996).

SOURCE: Houston Court of Appeals - 01-10-00146-CV - 6/30/11

RELATED LEGAL TERMS: contract defenses, affirmative defenses to enforcement of contract, estoppel