Question

What are the two criteria required for waivers to be upheld? Do you think that most waivers meet these requirements? Why or why not?

Answer 1

The main criteria that have been made applicable for upholding Waiver under the waiver rule are the following :

1) The Content or Reasoning:
The very purpose of waiving a legal right should be clearky justifiable and genuine , having no other alternative keft exceot for waiving the right.

The basis for the waiving request should fall at least under one of the following heads:
A) The applicant requesting waiver is facing any conflicting rule to which solution seems waiving only.

B) The strict compliance of the rule or obligation will be or has become unduly burdensome , beyond the capability of a person to bear.

C) Using waiver will save or benefit some environmental resources.

D) The public Enerhy supports or warrants the waiver

2) The second criteria includes the following conditions:
A) Clarification of how waiver will not voilate the terms of agreement, or is not against and a botheration to the other party and does not result in loss for someday.

B) Does not fall under the federal requirements or obligations

C) Includes Absolving of liability (if applicable)

No i don't think that most of the waivers meet these requirements except for some that are subject to some strict legal procedure.

The reason being that most waivers are upheld because of the inability of the applicant to continue with the situation prevailing. Or do not have any means to discharge the obligation , thus end in a waiver , as a result the waiver here is the outcome of inability and diberation , not accirdance with the above mentioned two criteria.

Thankyou

Hope i explained well..

This question dies not basically fall under domain of operations mgtt , rather under business law , however i tried my best to answer as accurately i could.

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