ARIORI v. ELEMO (1983) 14 N.S.0 8, particularly the opinion of Eso, JSC at page 37 thereof: “The next enquiry is to what extent to which a person could waive rights conferred on him by law? When a right is conferred solely for the benefit of an individual there should be no problem as to the extent to which he could waive such right. The right is for his benefit. He is sui juris. He is under no longer disability. He should be able to forego the right; in otherwords waive it either completely or partially, depending on his choice. The extent to which he has foregone his right would be a matter of fact and each case will depend on its peculiar facts. A beneficiary under statute should have full competence to waive those right once the rights are solely for his benefit. The only exception I can think of is where the statute itself forbids waiver of its statutory provisions”.
DEFINITION OF WAIVER – Halsbury’s Laws
Halsbury’s Laws of England 4th Edition, Vol. 16 stated in its way thus: – “The primary meaning of waiver has been said to be the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct, it may arise by virtue of a party making an election, for example whether or not to exercise a contractual right”.