1. TYPES OF WAIVER
    1. express waiver.A voluntary and intentional waiver. [Cases: Estoppel 52.10(2). C.J.S. Estoppel §§ 74–75, 84, 87.]
      1. implied waiver.A waiver evidenced by a party's decisive, unequivocal conduct reasonably inferring the intent to waive. [Cases: Estoppel 52.10(3). C.J.S. Estoppel §§ 69, 71, 76, 79.] “An implied waiver may arise where a person has pursued such a course of conduct as to evidence an intention to waive a right, or where his conduct is inconsistent with any other intention than to waive it. Waiver may be inferred from conduct or acts putting one off his guard and leading him to believe that a right has been waived. Mere silence, however, is no waiver unless there is an obligation to speak.” 28 Am. Jur. 2d Estoppel and Waiver § 160, at 845–46 (1966).
        1. prospective waiver.A waiver of something that has not yet occurred, such as a contractual waiver of future claims for discrimination upon settlement of a lawsuit. subject-matter waiver.A waiver that may result when a party voluntarily discloses a communication or privileged material about a particular topic to a third party. • A party's voluntary disclosure may lead a court to find an implied waiver that extends to all other communications relating to the same subject matter.
          1. waiver of notice.Parliamentary law. The waiver that occurs when a defective notice for a meeting is issued but every member attends and participates without objecting to the defect. 2. The instrument by which a person relinquishes or abandons a legal right or advantage <the plaintiff must sign a waiver when the funds are delivered>.
          2. jury waiver.A form signed by a criminal defendant who relinquishes the right to have the trial conducted before a jury.
          3. lien waiver.A written and signed waiver of a subcontractor's mechanic's lien rights, usu. submitted to enable the owner or general contractor to receive a draw on a construction loan [Cases: Mechanics' Liens 208. C.J.S. Mechanics' Liens §§ 252–253.]
          4. WAIVER BY ELECTION OF REMEDIES waiver by election of remedies.A defense arising when a plaintiff has sought two inconsistent remedies and by a decisive act chooses one of them, thereby waiving the other. [Cases: Election of Remedies 1. C.J.S. Election of Remedies §§ 2–3.]
          5. WAIVER HEARING waiver hearing.See transfer hearing under HEARING.
          6. WAIVER OF CLAIMS AND DEFENSES. waiver of claims and defenses. 1. The intentional relinquishment by a maker, drawer, or other obligor under a contract of the right to assert against the assignee any claims or defenses the obligor has against the assignor. [Cases: Assignments 103; Bills and Notes 314; Secured Transactions 185. C.J.S. Assignments § 100; Bills and Notes; Letters of Credit §§ 166–168; Secured Transactions§ 139.] 2. The contractual clause providing for such a waiver.
          7. WAIVER OF COUNSEL waiver of counsel.A criminal defendant's intentional relinquishment of the right to legal representation. • To be valid, a waiver of counsel must be made voluntarily, knowingly, and intelligently.
          8. WAIVER OF DEFENSES waiver of defenses.Real estate. A document by which a mortgagor acknowledges that the mortgage is good and valid for the full amount of the mortgage note. • This document ensures that the mortgagor has no defenses to the mortgage. — Also termed estoppel certificate; no-setoff certificate; declaration of no defenses. [Cases: Mortgages 415. C.J.S. Mortgages §§ 512–513, 531–534, 700.]
          9. WAIVER OF EXEMPTION waiver of exemption. 1. A debtor's voluntary relinquishment of the right to an exemption from a creditor's levy or sale of any part of the debtor's personal property by judicial process. [Cases: Exemptions 89–99; Homestead 169–176.] 2. The contractual clause expressly providing for such a waiver. [Cases: Exemptions 92; Homestead 170.]
          10. WAIVER OF IMMUNITY waiver of immunity.The act of giving up the right against self-incrimination and proceeding to testify. See IMMUNITY(3). [Cases: Witnesses 305.C.J.S. Witnesses §§ 552–554.]
          11. WAIVER OF NOTICE waiver of notice.See WAIVER(1).
          12. WAIVER-OF-PREMIUM CLAUSE waiver-of-premium clause.Insurance. A provision for a waiver of premium payments after the insured has been disabled for a specified length of time, such as six months. [Cases: Insurance 2035. C.J.S. Insurance §§ 452–453, 556, 732–733, 773, 817, 832–833.]
          13. WAIVER OF PROTEST waiver of protest.A relinquishment by a party to a negotiable instrument of the formality of protest in case of dishonor. See PROTEST(2). [Cases: Bills and Notes 422. C.J.S. Bills and Notes; Letters of Credit §§ 213–215, 219–228, 230.]
          14. WAIVER OF SERVICE waiver of service.A defendant's voluntary submission to the jurisdiction made by signing an acknowledgment of receipt of the petition and stating that he or she waives all further service.
  2. ESTOPPEL
    1. common definition of estoppel is limited to reliance on a misrepresentation of an existing fact,
    2. reliance on a waiver or promise as to the future is sometimes said to create
      1. PROMISSORY ESTOPPEL
    3. The common definition of waiver may lead to the incorrect inference that the promisor must know his legal rights and must intend the legal effect of the promise.
    4. But ... it is sufficient if he has reason to know the essential facts.” Restatement (Second) of Contracts § 84 cmt. b (1979).
    5. “Waiver is often asserted as the justification for a decision when it is not appropriate to the circumstances.” Robert E. Keeton & Alan I. Widiss, Insurance Law § 6.8, at 719 (1998).
  3. ON WAIVERS; STUDY GUIDE
    1. By The Angry Jeweler; The Hennalady; Lisa Stinocher O'Hanlon http://angryjeweler.wix.com/write
      1. WARNING; MAY CONTAIN OFFENSIVE LANGUAGE
  4. WAIVER OF TORT waiver of tort.The election to sue in quasi-contract to recover the defendant's unjust benefit, instead of suing in tort to recover damages. See implied-in-law contract under CONTRACT. [Cases: Action 28. C.J.S. Actions §§ 90, 108–123.] “A person upon whom a tort has been committed and who brings an action for the benefits received by the tortfeasor is sometimes said to ‘waive the tort.’ ” Restatement of Restitution § 525 (1937).“
    1. ‘Waiver of tort’ is a misnomer. A party only waives a tort in the sense that he elects to sue in quasi-contract to recover the defendant's unjust benefit rather than to sue in tort to recover damages; he has a choice of alternative remedies. But the tort is not extinguished. Indeed it is said that it is a sine qua non of both remedies that he should establish that a tort has been committed.” Lord Goff of Chieveley & Gareth Jones, The Law of Restitution 605 (3d ed. 1986).
      1. Sine qua non 1] or condicio sine qua non (plural: condiciones sine quibus non) refers to an indispensable and essential action, condition, or ingredient.
  5. WAIVER; Black's Law Dictionary (8th ed. 2004) , Page 4889 - 4892
    1. WAIF waif, n.1. An abandoned article whose owner is unknown, esp. something stolen and thrown away by the thief in flight, usu. through fear of apprehension. • At common law, if a waif, whether stolen or merely abandoned, was seized before the owner reclaimed it, the title vested in the Crown. The owner was thus punished for leaving the property or for failing to pursue the thief and attempting to recover the property. Today, however, the general rule is that a waif passes to the state in trust for the true owner, who may regain it by proving ownership. “Waifs, bona waviata, are goods stolen, and waived or thrown away by the thief in his flight, for fear of being apprehended. These are given to the king by the law, as a punishment upon the owner, for not himself pursuing the felon, and taking away his goods from him. And therefore if the party robbed do his diligence immediately to follow and apprehend the thief (which is called making fresh suit) or do convict him afterwards, or procure evi-dence to convict him, he shall have his goods again.” 1 William Blackstone, Commentaries on the Laws of England 286–87 (1765). 2.Hist. A homeless person, esp. a woman or child; a social outcast. See WAIVERY.“[In the thirteenth century] a woman, though she cannot be outlawed, can be ‘waived,’ declared a ‘waif,’ and ‘waiver’ seems to have all the effects of outlawry.” 1 Frederick Pollock & Frederic William Maitland, History of English Law Before the Time of Edward I 482 (2d ed. 1898). Black's Law Dictionary (8th ed. 2004) , Page 4888
    2. WAIVER waiver (way-v<<schwa>>r), n.1. The voluntary relinquishment or abandonment — express or implied — of a legal right or advantage; FORFEITURE <waiver of notice>. • The party alleged to have waived a right must have had both knowledge of the existing right and the intention of forgoing it. Cf. ESTOPPEL. [Cases: Estoppel 52.10. C.J.S. Estoppel §§ 67–68, 70–72, 75–76, 79, 159–160.]
      1. ‘Waiver’ is often inexactly defined as ‘the voluntary relinquishment of a known right.’
        1. “The term waiver is one of those words of indefinite connotation in which our legal literature abounds; like a cloak, it covers a multitude of sins.” William R. Anson, Principles of the Law of Contract 419 (Arthur L. Corbin ed., 3d Am. ed. 1919).“
          1. “Waiver is often asserted as the justification for a decision when it is not appropriate to the circumstances.” Robert E. Keeton & Alan I. Widiss, Insurance Law § 6.8, at 719 (1998).
          2. When the waiver is reinforced by reliance, enforcement is often said to rest on ‘estoppel.’ ... Since the more common definition of estoppel is limited to reliance on a misrepresentation of an existing fact, reliance on a waiver or promise as to the future is sometimes said to create a ‘promissory estoppel.’ The common definition of waiver may lead to the incorrect inference that the promisor must know his legal rights and must intend the legal effect of the promise. But ... it is sufficient if he has reason to know the essential facts.” Restatement (Second) of Contracts § 84 cmt. b (1979).
          3. “Although it has often been said that a waiver is ‘the intentional relinquishment of a known right,’ this is a mis-leading definition. What is involved is not the relinquishment of a right and the termination of the reciprocal duty but the excuse of the nonoccurrence of or a delay in the occurrence of a condition of a duty.” E. Allan Farnsworth, Contracts § 8.5, at 561 (3d ed. 1999).
    3. ROOT MEANING OF WAIVER
      1. WAIVERY waivery.Hist. The act of putting a woman outside the protection of the law. • At common law, a woman could not be “outlawed” because she was not considered “in law” — that is, she could not undertake legal proceedings on her own. By Bracton's day, the effect of outlawing a woman was achieved by “waiving” her — the act being called waivery.