Also known as: waiver · estoppel · waiver doctrine · estoppel doctrine · waiver and estoppel · estoppel and waiver
Written by attorneys · grounded in primary & secondary sources — see below
A set of legal principles by which a party relinquishes a known right through voluntary conduct or is barred from asserting a position inconsistent with prior statements or conduct on which another has reasonably relied.
Dustin Donovan leased a warehouse from Dakota Industries knowing the roof leaked. After moving in he notified the landlord of the defect and requested repairs. When Dakota Industries failed to fix the roof within a reasonable time Dustin invoked his pre-entry remedies to withhold rent. The doctrines of waiver and estoppel did not bar the claim because his entry alone did not constitute a waiver of the unsuitable condition.
Doris Duffy signed a premarital agreement prepared by her fiancé's attorney. The document modified her elective-share rights but contained no conspicuous notice or plain-language explanation of the waived marital rights. Because Doris lacked independent counsel the doctrines of waiver and estoppel prevented enforcement of the waiver provisions against her later claim.
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Dwight Dorsey never contacted his newborn child or provided support for six months. When the mother petitioned for adoption the court applied the doctrines of waiver and estoppel to dispense with his consent after notice and a hearing. The withholding of consent was deemed unreasonable and contrary to the child's best interests.
Decker Electronics received a request to waive service in a federal suit. It returned the signed waiver form within the prescribed period. The doctrines of waiver and estoppel did not apply. Instead the federal rule extended its deadline to answer to sixty days from the date the request was sent.
Dominion Capital held shares in Delta Dynamics. Before the annual meeting Dominion delivered a signed written waiver of notice to the corporation. The doctrines of waiver and estoppel did not apply. Instead the statute precluded Dominion from later objecting that it had not received the statutory notice.
Demetrius Douglas served as general manager for Destiny Davis's supply business. Without actual or apparent authority he ordered excess inventory from a supplier who relied on his position. The doctrines of waiver and estoppel did not apply. Instead inherent agency power made Destiny liable to protect the third party harmed by the agency relation.
Waiver requires a voluntary relinquishment of a known right. Estoppel prevents assertion of a right when a party's conduct induced reasonable reliance by another to that party's detriment.
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Entry alone does not waive remedies if the landlord fails to correct defects after notice. The tenant retains pre-entry remedies unless the parties agreed otherwise or the entry itself constitutes a waiver.
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The waiver must be in writing, signed by the shareholder, and delivered to the corporation for filing with corporate records. Attendance may also waive objections unless the shareholder objects at the outset.
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…rights to a federal forum "because state administrative agency determinations do not create res judicata or collateral estoppel effects. The exhaustion of state administrative remedies postpones rather than precludes the assertion of federal jurisdiction." Comment, Exhaustion of State Administrative Remedies in…