Also known as: waiver · estoppel · waiver and estoppel · estoppel or waiver
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A voluntary relinquishment of a known right or privilege.
Conduct by one party that induces reasonable detrimental reliance by another may bar assertion of the right.
Each sense below has its own examples, sources, and questions.
A voluntary relinquishment of a known right or privilege.
Select any source to read its text and confirm it supports the definition.
Conduct by one party that induces reasonable detrimental reliance by another may bar assertion of the right.
Select any source to read its text and confirm it supports the definition.
Winona Walsh leased a warehouse from Wrightway Engineering knowing the roof leaked. After moving in she requested repairs but received none. When she later sought to withhold rent or terminate, the court held her entry and continued occupancy constituted waiver of the pre-entry remedies.
Wesley Wells signed a premarital agreement drafted by Winona Walsh's attorney. The document contained no plain-language notice of the rights waived and Wesley had no independent counsel. A court later refused to enforce the waiver provisions against him.
Winston West, the biological father of a newborn, had no contact with the child for eight months and provided no support. When the mother sought to place the child for adoption with Westmont Healthcare, the court waived his consent because withholding it was unreasonable and contrary to the child's best interest.
Whitestone Bank sued Wade Watson in federal court. Watson received a request to waive service and returned the signed form within the required period. He then had sixty days from the mailing date to file his answer instead of the usual twenty-one days.
William Williams owned shares in Woodridge Manufacturing. Before the annual shareholders meeting he signed and delivered a written waiver of notice to the corporation. The waiver was filed with the corporate records and barred any later objection to lack of notice.
Waiver is a voluntary relinquishment of a known right. Estoppel arises when one party's conduct induces reasonable detrimental reliance by another, preventing assertion of the right. Both can excuse conditions or bar enforcement of contract terms.
Supporting sources
A defendant who timely returns a signed waiver of service receives sixty days from the date the request was sent to file an answer. The extended period applies even if the defendant is located outside a judicial district of the United States.
Supporting sources
The shareholder must sign a written waiver before or after the meeting date and deliver it to the corporation for filing with the minutes or corporate records. Attendance at the meeting may also waive objection to defective notice unless the shareholder objects at the outset.
Supporting sources
Consent may be waived when it is unreasonably withheld and withholding it would be against the child's best interest, such as in cases of abandonment or desertion. Notice and a hearing are required before waiver occurs.
Supporting sources
No. When the disclosure is truly inadvertent and the privilege holder took reasonable steps to prevent it and promptly sought to rectify the error, the production does not operate as a waiver in federal proceedings or later proceedings.
Supporting sources
Wren Wallace, a general manager for Westmont Healthcare, exceeded her actual authority by ordering unnecessary equipment from a supplier. The supplier had no knowledge of the principal's manifestations. The principal was nevertheless bound by the manager's inherent agency power arising from the agency relation itself rather than by estoppel.
…to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there…