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Waiver

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For other uses, see Waivers (disambiguation).

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A waiver is the voluntary relinquishment or surrender of some known right or privilege.


Regulatory agencies or governments may issue waivers to exempt companies from certain
regulations. For example, a United States law restricted the size of banks, but when banks exceeded
these sizes, they obtained waivers.[1] In another example, the United States federal government may
issue waivers to individual states so that they may provide Medicaid in different ways than the law
typically requires.[2]
While a waiver is often in writing, sometimes a person's words can also be used as a counteract to a
waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted.
When the right to hold a person liable through a lawsuit is waived, the waiver may be called
an exculpatory clause, liability waiver, legal release, or hold harmlessclause.
In some cases, parties may sign a "non-waiver" contract which specifies that no rights are waived,
particularly if a person's actions may suggest that rights are being waived. This is particularly
common in insurance, as it is less detailed than a reservation of rights letter; the disadvantage is that
it requires the signature of the insured.[3]
Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case,
one is presumed to know one's rights and that those rights are voluntarily relinquished if not asserted
at the time.
In civil procedure, certain arguments must be raised in the first objection that a party submits to
the court, or else they will be deemed waived.

Contents
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 1Enforceability
 2Examples
o 2.1Personal jurisdiction
o 2.2Illegal waiver or agreement
 3See also
 4References

Enforceability[edit]
The following represent a general overview of considerations; specifics may vary dramatically
depending on the jurisdiction.
Key factors that some courts (depending on jurisdiction) may look at while determining the
applicability of a waiver:

 In some jurisdictions, one may not prospectively waive liability for some or all intentional
activities
 Waivers generally must be made voluntarily and with the full knowledge (or the ability to know)
of the right being waived
 The waiver should be unambiguous and clear to a reasonable person
 In some jurisdictions (not including the United States), it may be necessary that the parties to the
waiver have equal bargaining power
 A waiver may have limited application where one contracts for an "essential service" such that it
may violate public policy for liability to be waived
 A waiver that the courts will not enforce because the purpose of the agreement is to achieve an
illegal end constitutes an illegal agreement.

Examples[edit]
Personal jurisdiction

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