W

Comparison definition. The UCC does not define 'waiver' or 'modification,' but they 'are distinct concepts.' Central Ill. Pub. Serv. Co. v. Atlas Minerals, Inc., 965 F. Supp. 1162, 1173 n.3 (C.D. Ill. 1997). Massachusetts common law defines waiver as the 'intentional relinquishment of a known right,' Doujotos v. Leventhal, 271 Mass. 280, 282, 171 N.E. 445 (1930), quoting Kent v. Warner, 94 Mass. 561, 12 Allen 561, 563 (1866) or, as one commentator has explained, 'the excuse of the nonoccurrence of or a delay in the occurrence of a condition of a duty.' 2 E.A. Farnsworth, Contracts § 8.5, at 447 (3d ...