Tuesday, May 17, 2011

Waiver

Waiver is the passing of an occasion to enforce a legal right, whereby the right to enforce the same is lost.  A waiving or forsaking the assertion of a right at the proper opportunity.  The passing by of a thing, or a declining or refusal to accept it.  A common instance of this is where a landlord waives a forfeiture of a lease by receiving rent or distraning for rent which has accrued due after the forfeiture.  Sometimes it is applied to an estate or something conveyed to a man, and sometimes to a plea; and it is frequently applied to the declining to take advantage of an irregularity in legal proceedings.

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