Waiver is akin to estoppel and at times the terms waiver and estoppel are used

interchangeably. Waiver involves abandonment of his rights by a person. At times, the courts
would say that a person is estopped from asserting his rights because of waiver. But in essence,
waiver differs from estoppel. The crux of the matter in waiver is an intentional abandonment of
his rights. In estoppel, on the other hand, the crux of the matter is a change in his position by an
individual relying on the statement made by the other person. Estoppel applies against the other
person making the representation. Here the two elements are: reliance and alteration in the
position. Waiver affects judicial review. After waiver, a person cant assert the right waived and
so the court cant give any relief to him. Estoppel creates right in favour of the person changing
his position relying on somebody elses representation. He cant assert his right against one who
made the representation. Waiver is either a form of estoppel or an election. The distinction
between estoppel and waiver is that estoppel is not a cause of action but waiver is contractual
and may constitute a cause of action. Waiver is an agreement to release or not to assert a right.