Also known as: express waiver · implied waiver · express waivers · implied waivers · waiver · express/implied waiver
Written by attorneys · grounded in primary & secondary sources — see below
A relinquishment of a known right or privilege that occurs either through an explicit statement or through conduct that reasonably indicates an intent to forgo the right.
Elena Estrada notified her landlord of a leaking roof that made the apartment unsuitable. When the landlord failed to repair it within a reasonable time, Elena moved in anyway and continued paying rent without further protest. Her entry and continued occupancy constituted a waiver of the right to terminate the lease for the unsuitable condition.
Elijah Edwards appeared before the trial judge and stated on the record that he understood the charges and wished to proceed without an attorney. The judge confirmed that Elijah had a rational understanding of the proceedings and accepted the decision. Elijah's explicit statements effected a knowing and intelligent waiver of his right to counsel.
Select any source to read its text and confirm it supports the definition.
Edward Everett signed a premarital agreement without independent counsel and without receiving the required plain-language notice of waived marital rights. Because the agreement lacked the mandated disclosure of rights being relinquished, Edward's signature did not constitute an effective waiver of those rights.
Esther Eisenberg refused to consent to her child's adoption even though she had abandoned the child for over a year. The court found that her refusal was unreasonable and contrary to the child's best interests. The statute therefore treated her consent as waived after notice and a hearing.
Enigma Technologies received a request to waive service of process. It returned the signed waiver form within the sixty-day period. The company thereby extended its time to answer the complaint from twenty-one days to sixty days after the request was sent.
Emmett Egan signed a written waiver of notice for an upcoming shareholders meeting and delivered it to the corporation before the meeting date. The corporation filed the waiver with its corporate records. Emmett's written waiver satisfied the statutory notice requirement even though no formal notice was sent.
A court examines whether the party understood the right being relinquished and the consequences of the waiver. In criminal cases this requires a rational and factual understanding of the proceedings. The inquiry focuses on the totality of circumstances surrounding the waiver.
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Yes. Conduct that reasonably indicates an intent to forgo a known right can constitute an implied waiver. For example, a tenant's continued occupancy after notice of a defect may waive the right to terminate the lease.
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An express waiver of shareholder notice must be in writing, signed by the shareholder, and delivered to the corporation for filing with the minutes or records. The writing must clearly identify the notice being waived.
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…that he may remain silent and remind him that his confession may be used in court are minor obstructions. To require also an express waiver by the suspect and an end to questioning whenever he demurs must heavily handicap questioning. And to suggest or provide counsel for the suspect simply invites the end of the interrogation.…