A Similarity Between a Waiver and a Release Is That

Multiple Choice

A similarity between a waiver and a release is that

A) there is a liability for a breach of contract in both cases.
B) both always occur before a contracting party fails to perform.
C) both require the payment of liquidation damages.
D) both always occur after a contracting party fails to perform.
E) nonperformance of contract is forgiven in both cases.