waiver

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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.

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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.

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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.

n

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

v

Definition: giving up
Antonyms: acceptance, claim

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.

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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IN BRIEF: A formal written statement of relinquishment.

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.

LearnThatWord.com is a free vocabulary and spelling program where you only pay for results!

(wā′vur)
n

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

For a list of words related to waiver, see:

• Laws, Procedures, and Court Proceedings - waiver: intentional abandonment of right

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See words rhyming with "waiver."

This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)

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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