WI · jury_instructions
Wis JI-Civil 3058
Waiver of Strict Performance
A party to a contract may waive strict and full performance of any provisions made for
his or her benefit. To be effective, however, a waiver must be the voluntary and intentional
relinquishment of a known right. Contract provisions may be waived expressly or the waiver
may be inferred from the conduct of the parties.
If performance under a contract is defective but a party consents to such performance
with knowledge of the circumstances and, after full opportunity for examination, that party
fails to give timely notice of the defect to the performing party, any requirement of strict
performance is deemed to be waived.
[A partial or total payment on a contract does not constitute an acceptance of less than
full performance insofar as hidden defects are concerned. Payment by a party with
knowledge of a particular defect is a waiver of strict performance in the absence of any other
circumstances tending to show a waiver was not intended.]
History
Wis JI-Civil 3058 (1993). ©1993, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
6b3e615a11a09040a84a58766fd47c68e13747b88e5e4c3fa79d69541c8e2888
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