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Dictionary:

waiver

  ('vər) pronunciation
n.
    1. Intentional relinquishment of a right, claim, or privilege.
    2. The document that evidences such relinquishment.
  1. A dispensation, as from a rule or penalty.
  2. Permission for a professional athletic club to assign a player to the minor leagues or release a player from the club, granted only after all other clubs have been given the opportunity to claim the player and have not done so.
  3. A deferment.
idioms:

clear waivers

  1. To be unclaimed by another professional club and therefore liable to be assigned to a minor-league club or released.
on waivers
  1. In a state of being available for claiming by other professional clubs.

[Anglo-Norman weyver, from weyver, to abandon. See waive.]


 
 

The voluntary action of a person or party that removes that person's or party's right or particular ability in an agreement. The waiver can either be in written form or some form of action. A waiver essentially removes a real or potential liability for the other party in the agreement.

Investopedia Says:
For example, in a settlement between two parties, one party might, by means of a waiver, relinquish its right to pursue any further legal action once the settlement is finalized. 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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Relinquishment of a legal right to act. For example, an insured relies on statements of an agent of an insurance company concerning coverages under an insurance policy. Agents by their actions may have waived certain provisions the insurance company has written in the insurance policy, with the company's authority. Another example would be the provision in the Homeowners Insurance Policy that suspends coverage if a hazard is increased by the actions of an insured. An insured who stores explosives near the family home notifies the insurance company; the company grants permission to do so, thereby waiving its defense of the increase in hazard clause.

 

The voluntary renunciation, Abandonment or surrender of some claim, right, or privilege.
Example: A Violation of a contract causes the need for a waiver from the other party who does not feel injured.

 
Thesaurus: waiver

noun

  1. A giving up of a possession, claim, or right: abandonment, abdication, demission, quitclaim, relinquishment, renunciation, resignation, surrender. See keep/release.
  2. The act of putting off or the condition of being put off: adjournment, deferment, deferral, delay, postponement, stay1, suspension. See time.

 
Antonyms: waiver

n

Definition: giving up; letting go
Antonyms: accept, claim, face

v

Definition: giving up
Antonyms: acceptance, claim


 
(wā′vur)
n

1. repudiation, abandonment, or surrender of a claim, right, or privilege. n 2. the intentional relinquishment of a known right.

 
This entry contains information applicable to United States law only.

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. The legal right may be constitutional, statutory, or contractual, but the key issue for a court reviewing a claim of waiver is whether the person voluntarily gave up the right. If voluntarily surrendered, it is considered an express waiver.

In criminal law the privilege against self-incrimination is guaranteed by the Fifth Amendment to the U.S. Constitution. The Supreme Court, in Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), held that the police must inform arrested persons that they need not answer questions and that they may have an attorney present during questioning. These requirements are known as the Miranda warning. A criminal defendant may waive the right to remain silent and make a confession, but the law enforcement officials must demonstrate to the court that the waiver was the product of a free and deliberate choice rather than a decision based on intimidation, coercion, or deception. They must also convince the court that the defendant was fully aware of the rights being abandoned and the consequences that would result from the abandonment. Based on the totality of these circumstances, a court may conclude that the defendant waived his Miranda rights.

A waiver may be shown by a person's actions. For example, a criminal defendant waives the privilege against self-incrimination merely by going on the witness stand. Such an action is called an implied waiver.

In insurance law waiver is used in numerous contexts. For example, under the doctrine of waiver, if the insurer has knowledge of facts that would bar its primary liability for a policy it has written but proceeds to treat the policy as being in force, it will not be allowed to plead such facts in court to avoid its primary liability.

A waiver of premium clause is a provision in an insurance policy that permits the waiver of premium payments upon the disability of the insured. Commonly such waivers take effect only after a certain time of disability.

Various waiver provisions are inserted into contracts. The parties may agree to surrender a substantive right granted by statute, such as a limitation on the amount of property that may be exempted from debt collection, or a procedural right that requires a certain number of days notice before an action can be taken.

See: custodial interrogation; Miranda v. Arizona.

 
Word Tutor: waiver
pronunciation

IN BRIEF: A formal written statement of relinquishment.

pronunciation We had to sign a waiver regarding accidents in order to play the sport.

Tutor's tip: Another word that sounds like "waiver" which is a paper showing the giving up of a right, is "waver" which means to shift or move back and forth.

 
Wikipedia: waiver


A waiver is the voluntary relinquishment or surrender of some known right or privilege. 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. Other names for waivers are exculpatory clauses, releases, or hold harmless clauses.

Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case, it is presumed one knows his or her rights and that those rights are voluntarily relinquished if they are not asserted at the time.

In civil procedure, certain arguments must be raised in the first objection that a party submits to the court, or else they will be deemed waived.

Jurisdictional differences

In some jurisdictions waivers in consumer contracts have been legislated against, effectively completely preventing their use. For example: in the England and Wales, s.2 of the Unfair Contract Terms Act 1977 prevents a business from using notices or contractual terms which attempt to exclude or limit liability for death or personal injury arising out of their negligence. Clauses purporting to exclude liability for loss or damage are subject to a reasonableness test in which the court will consider, amongst other factors, the balance of bargaining power held by each party to the contract.

The remainder of this page is primarily concerned with the position of waivers under U.S. law. difference with others.

Enforceability of waivers

The following represent a general overview of considerations; specifics may vary dramatically depending on the jurisdiction.

The key factor that courts look at when determining the applicability of a waiver are:

  • A waiver can only release negligent activity, not intentional activity.
  • The waiver must be signed voluntarily and with the full knowledge the right being waived.
  • The waiver must be unambiguous and clear.
  • The parties to the waiver must have equal bargaining power.
  • A waiver cannot be applied to an essential service that would make it a matter of public policy.

Waivers have been found unenforceable in some cases. For example, a waiver was deemed too general as it included phrases such as "and otherwise".

Examples

Personal jurisdiction

In the case of Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982) the United States Supreme Court decided that when a court orders a party to produce proof on a certain point, and that party refuses to comply with the court's order, the court may deem that refusal to be a waiver of the right to contest that point, and assume that the proof would show whatever the opposing party claims that it would. In the case itself, the defendant had argued that the court lacked personal jurisdiction over it, but refused a court order to produce evidence of this lack of jurisdiction. The defendant argued the circular logic that, because the court lacked jurisdiction, the court had no authority to issue an order to show proof of the lack of jurisdiction. The Supreme Court rejected that argument, and determined that the defendant's refusal to comply waived the right to contest jurisdiction, just as if it had never contested jurisdiction at all.

See also

External links


 
Translations: Translations for: Waiver

Dansk (Danish)
n. - frafaldelse, opgivelse

Nederlands (Dutch)
afstandsverklaring, dispensatie, ontheffing, vrijstelling

Français (French)
n. - (Jur) renonciation, exemption, (Assur) rachat

Deutsch (German)
n. - Verzicht, Verzichterklärung

Ελληνική (Greek)
n. - (νομ.) (έγγραφη) παραίτηση (από δικαίωμα)

Italiano (Italian)
rinuncia, deroga

Português (Portuguese)
n. - renúncia (f)

Русский (Russian)
отказ (от права), документ об отказе, изъятие (из правила)

Español (Spanish)
n. - renuncia, desistimiento

Svenska (Swedish)
n. - avstående (jur.), övergivande (jur.)

中文(简体) (Chinese (Simplified))
放弃, 弃权证书, 弃权

中文(繁體) (Chinese (Traditional))
n. - 放棄, 棄權證書, 棄權

한국어 (Korean)
n. - (권리의) 포기, (프로야구에서의) 공개 이적

日本語 (Japanese)
n. - 放棄, 権利放棄証書

العربيه (Arabic)
‏(الاسم) تنازل, التخلي, وثيقه تنازل,‏

עברית (Hebrew)
n. - ‮ויתור, כתב-ויתור‬


 
 

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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2007. Published by Houghton Mifflin Company. All rights reserved.  Read more
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