Legal Definition and Related Resources of Waiver
Meaning of Waiver
An intentional relinquishment or abandonment of a known right or privilege. Johnson v Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461. To constitute a waiver of a legal right there must be clear, unequivocal and decisive act of the party with knowledge of such right and an evident purpose to surrender it. First National Bank of Milford v Department of Banking Commonwealth of Pa., 286 A.2d. 480. The term waiver can only be applied in respect of a right or privilege existing at the time of the purported waiver. Roberts v Griffith, (Tex. Civ.App.) 207 S. W.2d. 443. A waiver may be express or implied. Implied waiver results where one in possession of any right does or forebears from the doing of something inconsistent with the existence of the right or of his intention to rely upon it. United Firemens Ins. Co. v Thomas, (C.A.7)82 F. 406. Also Kessinger v Anderson, 31 Wash.2d. 157, 196 P.2d. 289.
Waiver Alternative Definition
The voluntary surrender and relinquishment of a right. 29 Minn. 191. The intentional relinquishment of a known right. 153 111. 468. It is a somewhat narrower term than “abandonment” (q. v.) and is applied to rights, not to property. To constitute a waiver proper, there must ordinarily be a valuable consideration (75 N. Y. 453), a full knowledge of the right to be waived (48 N. Y. 399), and an actual intent to waive (15 Gray [Mass.] 229) ; but where there are circumstances of estoppel, i. e., where a party has misled another to his prejudice as to intent to insist on a right, it amounts to a. waiver, irrespective of Intent (7 Lea [Tenn.] 467), or consideration (30 N. Y. 164) ; and there are certain acts to which the law imputes the character of a waiver, irrespective of intent, as the right to a dilatory plea is waived by pleading to the merits (29 Conn. 82). Unless affected by the statute of frauds (9 Wend. [N. Y.] 79), no special formalities are required, and even a writing under seal may be waived by parol (101 U. S. 527).
Synonyms of Waiver
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 rignt
- release
- relinquishment
- renunciation
- surrender
- voluntary relinquishment Associated Concepts: express waiver
- implied waiverwaiver of immunityforeign phrases: Omnis consensus tollit errorem
- Every consent removes error
- Potest c/uis renunciare pro se et suisjuri 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 quae pro se indulta sunt
- renunciare
- All are free to renounce those privileges which have been allowed for their benefit
Related Entries of Waiver in the Encyclopedia of Law Project
Browse or run a search for Waiver in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.
Waiver in Historical Law
You might be interested in the historical meaning of this term. Browse or search for Waiver in Historical Law in the Encyclopedia of Law.
Legal Abbreviations and Acronyms
Search for legal acronyms and/or abbreviations containing Waiver in the Legal Abbreviations and Acronyms Dictionary.
Related Legal Terms
You might be also interested in these legal terms:
Mentioned in these terms
Cease And Desist Order, Judgment Nihil Dicit, Laches.
Translate Waive Your Rights to An Attorney from English to Spanish
Translation of Waive Your Rights to An Attorney, with examples. More about free online translation into Spanish of Renuncia a su derecho a tener un abogado and other legal terms is available here.
- Renuncia a su derecho a tener un abogado
- Legal English Translation
Translate Waiver of A Speedy Trial from English to Spanish
Translation of Waiver of A Speedy Trial , with examples. More about free online translation into Spanish of Renuncia a un juicio sin demora and other legal terms is available here.
- Renuncia a un juicio sin demora
- Legal English Translation
Translate Waiver from English to Spanish
Translation of Waiver , with examples. More about free online translation into Spanish of Renuncia de un derecho and other legal terms is available here.
- Renuncia de un derecho
- Desistimiento de una queja
- Legal English Translation
Translate Waiver of Extradition from English to Spanish
Translation of Waiver of Extradition , with examples. More about free online translation into Spanish of Renuncia a la extradición and other legal terms is available here.
- Renuncia a la extradición
- Legal English Translation
Translate Waiver of Indictment from English to Spanish
Translation of Waiver of Indictment , with examples. More about free online translation into Spanish of Renuncia a la acusación formal and other legal terms is available here.
- Renuncia a la acusación formal
- Legal English Translation
Browse
You might be interested in these references tools:
| Resource | Description |
|---|---|
| Waiver in the Dictionary | Waiver in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Waiver |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
| Legal Answers (Q&A) | A community-driven knowledge creation process, of enduring value to a broad audience |
| Related topics | Waiver in the World Encyclopedia of Law |
Notice
This definition of Waiver is based on t
he The Cyclopedic Law Dictionary . This entry needs to be proofread.
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| Sitemap Index | Sitemap Index, including Taxonomies |
| https://legaldictionary.lawin.org/waiver/ | The URI of Waiver (more about URIs) |
Waiver in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
A voluntary relinquishment of some right. Stewart v. Crosby, 60 Me. 134 (1863).
Note: This legal definition of Waiver in the Dictionary of Law (English and American Jurisprudence) is from 1893.
Waiver (Civil procedure) Resources
See Also
Waiver in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of waiver.
Grammar
This term is a noun.
Etimology of Waiver
(You may find waiver at the world legal encyclopedia and the etimology of more terms).
act of waiving, 1620s (modern usage is often short for waiver clause); from Anglo-French legal usage of infinitive as a noun (see waive). Baseball waivers is recorded from 1907. Other survivals of noun use of infinitives in Anglo-French legalese include disclaimer, merger, rejoinder, misnomer, ouster, retainer, attainder.
Resources
See Also
- Law Enforcement Officer
- Police
- Law Enforcement Agency
Further Reading
- waiver in A Dictionary of Law Enforcement (Oxford University Press)
- waiver in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
Meaning of Waiver in the U.S. Legal System
Definition of Waiver published by the National Association for Court Management: Intentionally giving up a right. Waiver of Immunity: A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.
Concept of Waiver in the context of Real Property
A short definition of Waiver: The relinquishment of a right. In construction, most commonly the waiver by subcontractor of their mechanic’s lien rights in order for the owner to obtain draws under a construction loan.
Concept of Waiver in the context of Real Property
A short definition of Waiver: The relinquishment of a right. In construction, most commonly the waiver by subcontractor of their mechanic’s lien rights in order for the owner to obtain draws under a construction loan.
Waiver in Global Commerce Policy
In this regard, waiver is: a dispensation granted by WTO members to another member freeing it from the obligation to apply a particular provision to a defined aspect of its international trade. The entries on trade policy in the Encyclopedia are here. Under WTO rules, waivers must be approved by three-quarters of WTO members. The entries on trade policy in the Encyclopedia are here. Once granted, they are subject to periodic review. Waivers may also be available under domestic legislation of various countries, such as in the case of the suspension of the United States competitive-need limitation under its GSP scheme for some least developed countries. See also Section 22 waiver.[1]
Waiverin the wold Encyclopedia
For an introductory overview on international trade policy, see this entry.
Resources
Notes and References
- Dictionary of Trade Policy, “Waiver” entry (OAS)
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