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A waiver is the relinquishment or refusal to accept a right. It requires individuals to exercise their rights timely; failing to do so may result in a waiver. For example, if a defendant misnamed in a writ pleads over, they cannot later cite this error because it constitutes a waiver. An injured party may also waive part of their right and pursue another remedy, such as in cases where a trespass occurs and the injured party opts to sue for the proceeds from a sale instead of the trespass itself. Additionally, if a party, after being aware of fraud, surprise, or mistake, continues to perform under a contract, they are deemed to have waived their objections.