Legal Definitions - waive

To "waive" means to voluntarily give up or surrender a right, claim, or privilege that one legally possesses. It is a conscious decision to forego something to which one is entitled, often with a clear understanding of the consequences. This act can occur in various legal contexts and may be expressed explicitly in writing or implicitly through one's actions. By waiving a right, a person or entity essentially agrees not to enforce it, which can sometimes relieve another party of a potential obligation or liability.

Here are some examples to illustrate the concept of waiving a right:

• Waiving a Contractual Penalty:

  Imagine a small business owner who has a contract with a supplier stating that any late payments will incur a 5% penalty. One month, due to an unexpected cash flow issue, the business owner pays a few days late. The supplier, valuing the long-term relationship and knowing the business owner is usually prompt, decides not to apply the 5% late penalty for that specific instance.

  Explanation: The supplier is voluntarily waiving their contractual right to collect the late payment penalty, even though they were legally entitled to enforce it according to the agreement.

• Waiving the Right to Confidentiality:

  A job applicant is asked by a prospective employer to provide references. The application form includes a section where the applicant can grant permission for the employer to contact their previous employers and educational institutions, and acknowledges that doing so may involve discussing their past performance or academic records.

  Explanation: By signing this section of the application, the applicant is waiving their right to privacy regarding certain information, allowing the prospective employer to contact third parties who might otherwise be bound by confidentiality rules.

• Waiving a Legal Claim in a Settlement:

  Two neighbors have a dispute over a shared fence, with one neighbor claiming the other built it slightly onto their property. Rather than going to court, they agree to mediation. During mediation, they reach a compromise where the neighbor who built the fence agrees to pay a small sum for the inconvenience, and in return, the other neighbor agrees to drop their claim about the property line encroachment and not pursue any further legal action.

  Explanation: The neighbor who initially claimed encroachment is waiving their right to pursue a legal claim in court regarding the property line dispute, in exchange for a mutually agreed-upon resolution.