Implied Waiver Law and Legal Definition

Implied waiver is a waiver shown by the acts and conduct of the parties from which an intention to waive reasonably may be inferred.

A waiver is implied whenever it may be reasonably and fairly inferred from the act, omission or silence of the party who has the power of waiving. [Roumage v. Mechanics Fire Ins. Co., 13 N.J.L. 110, 124 (Sup. Ct. 1832)].