Defense of Waiver Law and Legal Definition

A defense of waiver is defined as “an intentional relinquishment of a known right.” Such a defense requires proof that plaintiff had knowledge of the facts basic to the exercise of the right and the intent to relinquish that right. Tandberg, Inc. v. Advanced Media Design, Inc., 2009 U.S. Dist. LEXIS 102901 (E.D. Va. Nov. 3, 2009)