Legal Definitions
Legal Definitions » W » Waivers Law & Legal Definition

Waivers Law & Legal Definition

Related to Waivers

A waiver is the intentional and voluntary giving up of something. A waiver may be made by an express statement or by conduct, such as not enforcing a right. Some activities require a waiver of liability from participants, especially in dangerous activities such as scuba diving or car racing.

Revoking a waiver is difficult, but it has been successfully done in some states. A person would generally need to prove that there was some sort of trickery, coercion or fraud involved in the presentation of the waiver. One form of coercion might be that the waiver was presented to you too late for you to back out, effectively removing your right to decide if you should sign.

For example, a landlord may impose a late fee for failure to pay rent on time. However, if the landlord has made a practice of accepting late payments without charging the fee, he may be deemed to have waived the right to collect a late fee. In a further example, when a party fails to file an answer or make a court appearance in response to being served with a complaint, they are deemed to have waived the right to dispute the claims and a default judgment may be entered in favor of the plaintiff.






Get a Term Defined


Read a Law Digest

  • Need to read the law or find an answer to a legal question? Visit our Law Digest for the largest selection of law digests and answers available.
    Go to Law Digest

Form Packages


Waivers Legal Forms

Legal Life

Form Drafting

  • Can′t find the form you need, or need a form we offer revised for your situation? Submit your request and our attorneys will review the request and let you know if the form can be provided.
    Submit a drafting request...
Legal Forms Home

Copyright 1996-2008 USLegal, Inc. - All Rights Reserved.