waiver legal definition
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Search Legal Terms and Definitions 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.
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Waiver of Bond Law and Legal Definition The following is an example of one state's law on waiving a bond for a personal representative of an estate: Waiver of bond in will. (a) [Statement of waiver in petition] If the will waives bond, the petition for letters must so state. (Subd (a) amended effective January 1, 2002; previously amended effective January 1, 2001.)
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- Unconditional Waiver and Release Upon Final Payment Use this form when the claimant is required to execute a waiver and release in exchange for, or in order to inducepayment of, a final payment and the claimant asserts in the waiver he or she has in fact been paid the final payment.
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Waiving the Fifth Amendment Privileges Waiver: a voluntary and intentional relinquishment of a known right. Waiver can be explicit (express waiver) or implicit (implied waiver). An express waiver requires a writing or a statement of waiver. An implied waiver can occur simply by some action, where such action indicates one’s intention to waive the rights. The act for an implied waiver must unequivocally indicate the desire to waive one’s rights.
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Waiver 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. When the right to hold a person liable through a lawsuit is waived, the waiver may be called an exculpatory clause, liability waiver, legal release, or hold harmless clause.
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- Discretionary Waiver. If the State has a provision that gives juvenile court judges discretion to waive jurisdiction over individual cases involving minors to allow prosecution in adult criminal courts, the provision is described under Discre-tionary Waiver.
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What is a 'Waiver' A waiver carried out by an action, for example, might be based on whether a party in an agreement acts on a right, such as the right to terminate the deal in the first year of the contract. If it does not terminate the deal before the first year, that party waives its right to do so in the future.
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KNORR v. Curtis L. Lockwood, John Does 1 through 7 and John Doe, Inc. 1 through 7 jointly severally and/or in the alternative, Defendants. Waiver is the voluntary and intentional relinquishment of a known right. W. Jersey Title & Guar. Co. v. Indus. Trust Co., 27 N.J. 144, 152, 141 A.2d 782, 786 (1958). An effective waiver requires a party to have full knowledge of his legal rights and intent to surrender those rights. Id. at 153, 141 A.2d at 787.
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lien waiver lien waiver. Definition. Legal form or document that releases the assets or property of the waiver recipient from all claims of the waiver issuer. It is commonly issued by a service provider (such as an auto mechanic or a contractor) to the customer after receiving full payment for the work done. also called waiver-of-lien.
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WAIVE Related Legal Terms & Definitions. WAIF Waifs are goods found, but claimed by nobody; that of which every one waives the… WAIVER The relinquishment or refusal to accept of a right. 2. In practice it is required… WAIFS Stolen goods waived or scattered by a thief in his flight in order to effect… BONA (noun) - Latin: n. Goods; property; possessions.
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Legal innovation at work Parties in litigation often argue waiver or estoppel in an attempt to counter an adversary’s claims or defenses. A carefully crafted “anti-waiver” provision in a contract, however, can go a long way to avoid these waiver and/or estoppel arguments. Under Florida law, waiver is defined as the intentional relinquishment of a known right.
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From George V's Coronation to horrors of WWI: Drawings of major British historical events from first illustrated newspaper go on sale In its 160-year history the illustrated newspaper, which had a peak circulation of 300,000 in the 1860s, covered events as various as the Queen's wedding to Prince Phillip, the Coronation of George V and the 1951 Festival of Britain. The works were by famous artists such as Terence Cuneo, Fortunino Matania and Bryan de Grineau.
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What is 'Lien Waiver' DEFINITION of 'Lien Waiver'. A document from a contractor, subcontractor, supplier or other party holding a mechanic's lien stating that they have been paid in full and waiving future lien rights to the disputed property. Generally, there are four types of lien waivers:ust as a mechanic's lien can be a great aid to those seeking payment for services rendered, a lien waiver can be a lifesaver for owners that have made full or partial payments.
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waive waiving. 1  1 : to relinquish (as a right or privilege) voluntarily and intentionally the defendant waived a felony hearing on the charge — National Law Journal — compare forfeit, reserve. 2  2 : to refrain from enforcing or requiring some statutes waive the age requirement — W. M. McGovern, Jr. et al.
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car insurance subrogation defined A waiver of subrogation is essentially an agreement that prevents your insurance company from acting on your behalf to recoup expenses from the at-fault party. Generally, a waiver of subro comes into play when the at-fault driver wants to settle the accident — but with your insurer out of the picture.
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waiver Collins Concise English Dictionary © HarperCollins Publishers:: waiver /ˈweɪvə/. n. the voluntary relinquishment, expressly or by implication, of some claim or right. the act or an instance of relinquishing a claim or right. a formal statement in writing of such relinquishment.
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Liability Waiver Form / Hold Harmless Waiver and Release Forms. Waiver and release forms for virtually anything. U.S. Legal Forms offers waiver and release forms for many types of activities and events. A waiver and release form is typically used to protect a business or person from liability for dangerous activities by allowing the participant to sign a release before participating. Download our Release of Liability forms in Word format and preview online before you purchase.
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Waiver of Contract Lawyers Generally not- as mentioned, the waiver needs to occur in a way that indicates a voluntary, intentional decision. The waiver can be accomplished either by a positive act or by an omission (a failure to do something). However, mere silence on a matter is generally not enough to constitute a waiver of contract.
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- States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so. Article 102 Use of terms For the purposes of this Statute: (a) 'surrender' means the delivering up of a person by a State to the Court, pursuant to this Statute.
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waiver waiver (wā´vur), n 1. repudiation, abandonment, or surrender of a claim, right, or privilege. n 2. the intentional relinquishment of a known right.
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What does waived mean? waive. 1. to refrain from claiming or insisting on; forgo: to waive one's rank. 2. to relinquish (a right) intentionally: to waive an option. 3. to put aside, esp. for the time; defer or dispense with: to waive formalities. 4. to dismiss from consideration or discussion.
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What is the definition of doctrine of waiver? The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished. The term waiver is used in many legal contexts. A waiver is essentially a unilateral act of one person that results in the surrender of a legal right.
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Legal Dictionary Waiver. Knowing and voluntary relinquishment of a right. Compare with release. Willful Negligence. Intentional performance of an unreasonable act in disregard of a known risk, making it highly probable that harm will be caused.Willful negligence usually involves a conscious indifference to the consequences. There is no clear distinction between willful negligence and gross negligence.Workers Compensation.aiver. Knowing and voluntary relinquishment of a right. Compare with release. Willful Negligence. Intentional performance of an unreasonable act in disregard of a known risk, making it highly probable that harm will be caused.
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waive 1. to refrain from claiming or insisting on; forgo: to waive one's rank. 2. to relinquish (a right) intentionally: to waive an option. 3. to put aside, esp. for the time; defer or dispense with: to waive formalities. 4. to dismiss from consideration or discussion. [1250–1300; Middle English weyven < Anglo-French weyver to make a waif (of someone) by forsaking or outlawing (him or her)]
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- ( waivers plural ) A waiver is when a person, government, or organization agrees to give up a right or says that people do not have to obey a particular rule or law. n-count usu with supp. ...a waiver of constitutional rights...
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Waiver of Defenses Law and Legal Definition Waiver of Defenses Law & Legal Definition. In real estates, the waiver of defense is entered as a document where the mortgager acknowledges that the mortgage is good and valid for the full amount of the mortgage note. Through this document the mortgagor is ceased from raising any defense.aiver of Defenses Law & Legal Definition. In real estates, the waiver of defense is entered as a document where the mortgager acknowledges that the mortgage is good and valid for the full amount of the mortgage note. Through this document the mortgagor is ceased from raising any defense.