Define: Waiver

Waiver
Waiver
Quick Summary of Waiver

Waiver, in a legal context, refers to the voluntary relinquishment or abandonment of a legal right, claim, or privilege by a party. When a party waives a right, they intentionally give up their entitlement to enforce that right, either permanently or temporarily. Waivers may be express, where a party explicitly states their intention to waive a right, or implied, where a party’s conduct suggests their intent to waive the right. Waivers can occur in various legal contexts, including contracts, litigation, and criminal proceedings. For a waiver to be effective, it must be made knowingly, voluntarily, and with full understanding of the consequences. Waivers are commonly used to resolve disputes, simplify legal proceedings, or facilitate agreements between parties.

What is the dictionary definition of Waiver?
Dictionary Definition of Waiver
n. the intentional and voluntary giving up of something, such as a right, either by an express statement or by conduct (such as not enforcing a right). The problem which may arise is that a waiver may be interpreted as giving up the right to enforce the same right in the future. Example: the holder of a promissory note who several times allows the debtor to pay many weeks late does not agree to waive the due date on future payments. A waiver of a legal right in court must be expressed on the record.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.

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