Principle

CIVIL PROCEDURE – Waiver – Essential Elements Required to Establish Waiver

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Court

Waiver requires knowledge and an unequivocal act. The party must be aware of the right being waived. The act must clearly indicate waiver. The principle applies to contractual and procedural rights. The court will not infer waiver lightly. The rule protects parties from unintentional loss…

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