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WAIVER

an intentional and voluntary surrender of some known right, which generally may either result from an express agreement or be inferred from circumstances.

See informed constent.
EXAMPLE: Spencer enteres into a plea bargain with the prosecutor in the hope that he will receive a lighter sentence. Since the plea representes an admission of guilt and a waiver of the right to a jury trial, the judge must be sure that Spencer realizes the consequences of his actions. Therefore, the judge will inform Spencer that he has a right to have a trial and that there is no guarantee that a plea will necessarily result in any different sentence than from a trial. Without these precautions, the judge cannot be sure that Spencer's waiver is knowing and intelligtent. EXECUTORY WAIVER: one that affects a still unperformed duty of the other party to a contract.
IMPLIED WAIVER: the waiver of substantial rights based upon the conduct of the waiving party. For an implied waiver to occcur, the party alleging the waiver must have acted in deterimental reliance on the conduct constituting the waiver, and the conduct relied upon must demonstrate a clear, decisive, and unequivocal pupose to waive the legal rights involved.

compare estoppel.


Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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