Also known as: dispensations · dispense · dispensed · dispensing · exemption · waiver
Written by attorneys · grounded in primary & secondary sources — see below
An exemption from a law, duty, or penalty granted by authority. Permission to do something that is ordinarily forbidden.
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Demetrius Douglas leased a warehouse from Diamond Manufacturing. After taking possession Demetrius discovered a leaking roof that made the space unusable for storage. He notified the landlord and requested repairs. When Diamond Manufacturing failed to act within a reasonable time Demetrius obtained a dispensation allowing him to withhold rent and pursue remedies that would have been available before entry.
Dolores Diaz conveyed an access right across her land to Dominion Capital by oral agreement. Because the conveyance did not satisfy the Statute of Frauds the burden remained unenforceable. Dominion Capital later obtained a dispensation under an estoppel exception after it had already built a road in justifiable reliance on the promise.
Dwight Dorsey was fired after using peyote during a religious ceremony. The state denied unemployment benefits because peyote use violated a neutral criminal law. No dispensation from the general prohibition was constitutionally required even though the conduct was religiously motivated.
Denise Donovan signed a premarital agreement without independent counsel or the statutory notice explaining waived marital rights. A court later granted a dispensation from enforcement of the waiver provisions because the agreement failed to include the required plain-language explanation of rights being relinquished.
Destiny Davis sought to adopt a child whose biological father had never contacted the mother or provided support. The court granted a dispensation from the consent requirement after finding that withholding consent was unreasonable and contrary to the child's best interests.
Dustin Donovan was served with a summons and complaint. He returned a timely waiver of service form. The court granted a dispensation extending the answer deadline to sixty days from the date the waiver request was sent.
A dispensation is an exemption granted by authority from a legal duty or prohibition. A waiver is a voluntary relinquishment of a known right by the party entitled to it. The two concepts overlap when a party seeks relief from a contractual or statutory obligation but a dispensation typically requires external approval while a waiver arises from the party's own conduct.
Under the governing rule a tenant may obtain remedies for unsuitable conditions after entry if the landlord fails to correct the problem within a reasonable time after notice. The tenant's entry does not automatically waive those remedies unless the parties validly agreed otherwise.
…abortion conviction was affirmed. In Thompson , n. 2, the court observed that any issue as to the burden of proof under the exemption of Art. 1196 "is not before us." But see Veevers v. State , 172 Tex. Cr. R. 162, 168-169, 354 S. W. 2d 161, 166-167 (1962). Cf. United States v. Vuitch , 402 U. S. 62, 69-71…
…into and to be performed within the State,[^maj-11] the extent to which a carrier operating within a State may stipulate for exemption from liability for his own negligence or that of his employee;[^maj-12] the liability for torts committed within the State upon persons resident or property located there, even where the…
…return,” see § 207-8.0—provides special mechanisms, which vary depending on whether or not the landmark enjoys a tax exemption
…relief and actions concerning certain countries may be disapproved by concurrent resolution; various Presidential proposals for
…has on its books the names and addresses of the income beneficiaries represented by appellant, and we find no tenable ground for dispensing
No. The Free Exercise Clause does not relieve individuals from complying with neutral generally applicable laws that only incidentally burden religious practices. A state may therefore deny benefits or enforce prohibitions without granting a special religious exemption.
The agreement must include a conspicuous notice of waiver of rights or a plain-language explanation of the marital rights or obligations being modified or waived. Without independent counsel or that required notice the waiver provisions are unenforceable.
Consent may be waived when it is unreasonably withheld and withholding consent would be contrary to the child's best interests. Notice and a hearing are still required before the court may dispense with the nonconsenting parent's rights.