waiver

waiver
waiv·er /'wā-vər/ n [Anglo-French, from waiver to waive]: the act of intentionally or knowingly relinquishing or abandoning a known right, claim, or privilege; also: the legal instrument evidencing such an act compare estoppel, forfeiture
◇ Acts or statements made while forming or carrying out a contract may constitute a waiver and prevent a party from enforcing a contractual right (as when an insurer is barred from disclaiming liability because of facts known to it when it issued the insurance policy). Varying standards are applied by courts to determine if there has been a waiver of various constitutional rights (such as the right to counsel) in criminal cases.

Merriam-Webster’s Dictionary of Law. . 1996.

waiver
I noun abandonment, abandonment of a known right, abdication, abrogation, absolution, acquittal, act of relinquishing a right, clearance, deed of release, discharge, excusal, forgoing, giving up, intentional relinquishment, loss of right, release, relinquishment, renunciation, surrender, voluntary relinquishment associated concepts: express waiver, implied waiver, waiver of immunity foreign phrases:
- Omnis consensus tollit errorem. — Every consent removes error.
- Potest quis renunciare pro se, et suis, jus quod pro se introductum est. — One may relinquish for himself and his successors a right which was introduced for his own benefit.
- Cuilibet licet juri pro se introducto renunciare. — Anyone may waive a legal right which is for his protection.
- Ab assuetis non fit injuria. — No legal injury is done by things long acquiesced in.
- Omnes licentiam habere his quite pro se indulta sunt, renunciare. — All are free to renounce those privileges which have been allowed for their benefit.
II index cancellation, cession, quitclaim, rejection, release, renunciation

Burton's Legal Thesaurus. . 2006


waiver
n.
The act of intentionally and voluntarily surrendering a right or claim; a document that records a person’s surrender of a right or claim.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


waiver
the act of abandoning or refraining from asserting or exercising a right. A waiver may be express or implied from conduct (i.e. doing nothing or acting in a manner inconsistent with the existence or exercise of the right).

Collins dictionary of law. . 2001.


waiver
The intentional and voluntary giving up of a right, either by an express statement or by conduct (such as by not enforcing a right). A waiver accomplished by conduct may be interpreted as giving up the right to enforce the same right in the future. For example, a landlord who never invokes his "no pets" rule and allows tenants to keep dogs may not be able to successfully invoke the rule at a future date. A waiver of a legal right in court, such as the right to a jury trial, must be expressed on the record.
Category: Criminal Law
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

waiver
The voluntary relinquishment or abandonment of a legal right or advantage. Also the instrument by which a person waives such a right or advantage.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


waiver
n.
1 A voluntary relinquishing of a right or privilege. Although a waiver may result from an explicit surrender or by circumstances, courts frown on accepting waivers of constitutional rights. The party waiving a right must have knowledge of that right and the informed intention of surrendering it.
2 The paper by which a person surrenders his or her rights; for example, when the courier delivered the package, the recipient may sign a waiver relieving the former of any further responsibility.
@ express waiver
A deliberate and voluntary waiver.
@ implied waiver
A waiver of certain rights based upon the action of the waiving party. For example, if a person tells a courier he does not care what condition a package is in as long as it arrives by a certain time, that person has waived the right to require the courier to treat the parcel with the normally expected care.
@ prospective waiver
A waiver of something that may occur in the future; for example, the right to participate in an award from a future, anticipated law suit. Prospective waivers are often deemed to be unenforceable, as the party giving up a right cannot, by definition, know the parameters of what is being given up.
@

Webster's New World Law Dictionary. . 2000.


waiver
The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished.

Dictionary from West's Encyclopedia of American Law. 2005.


waiver
I
The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished.
 II Intentionally given up a right.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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.
   See also: waive

Law dictionary. . 2013.

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Look at other dictionaries:

  • waiver — (n.) act of waiving, 1620s (modern usage is often short for waiver clause); from Anglo French legal usage of infinitive as a noun (see WAIVE (Cf. waive)). Baseball waivers is recorded from 1907. Other survivals of noun use of infinitives in Anglo …   Etymology dictionary

  • Waiver — Waiv er, n. (Law) The act of waiving, or not insisting on, some right, claim, or privilege. [1913 Webster] …   The Collaborative International Dictionary of English

  • waiver — The voluntary relinquishment of a right (SA Bankruptcy.com) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • waiver — [n] giving up; letting go abandonment, abdication, disclaimer, foregoing, postponement, refusal, rejection, relinquishment, remission, renunciation, reservation, resignation, setting aside, surrender, tabling; concepts 121,318,685 Ant. accept,… …   New thesaurus

  • waiver — ► NOUN 1) an act or instance of waiving a right or claim. 2) a document recording this …   English terms dictionary

  • waiver — [wā′vər] n. [substantive use of Anglo Fr: see WAIVE] Law 1. the act or an instance of waiving, or relinquishing voluntarily, a right, claim, privilege, etc. 2. a formal written statement of such relinquishment …   English World dictionary

  • waiver — The intentional or voluntary relinquishment of a known right, or such conduct as warrants an inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession… …   Black's law dictionary

  • Waiver — A waiver is the voluntary or surrender of some known right or privilege.While a waiver is often in writing, sometimes a person s actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted.… …   Wikipedia

  • waiver — The agreement of a lender to overlook a borrower s failure to meet one or more conditions attached to the granting of a credit conditions that would, in the absence of a waiver, give the lender the right to declare the loan to be in default.… …   Financial and business terms

  • Waiver — Als Waiver bezeichnet man in der EU am Börsenhandel zugelassene Tochterunternehmen, deren Mutterkonzern in einem anderen Mitgliedstaat beheimatet ist. Für diese gruppenangehörige Gesellschaften können die Mitgliedstaaten beschließen, unter… …   Deutsch Wikipedia

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