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Warning
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Simple English definitions for legal terms
waiver of notice
Read a random definition: antenuptial agreement
A quick definition of waiver of notice:
Waiver of notice is when someone gives up their right to receive a notice about something. This can happen if they know about the thing already and don't need a notice, or if they choose to not receive a notice. It's like saying "I don't need to be told about this." Waiver can be expressed (when someone says it out loud) or implied (when someone's actions show they don't need a notice). For example, if a group is supposed to have a meeting but the notice is wrong, and everyone shows up anyway without complaining, they have waived their right to a correct notice.
A more thorough explanation:
Waiver of notice is the voluntary abandonment of a legal right or advantage, either expressed or implied. It means that a person gives up their right to receive notice of something, such as a meeting or a legal claim. The party who waives their right must have knowledge of the existing right and the intention of forgoing it.
- Express waiver: A person signs a document stating that they waive their right to receive notice of a meeting.
- Implied waiver: A person consistently fails to object to the lack of notice for meetings and participates in them without complaint.
- Prospective waiver: A person signs a contract agreeing to waive their right to file future claims for discrimination upon settlement of a lawsuit.
- Subject-matter waiver: A party voluntarily discloses a communication or privileged material about a particular topic to a third party, which may lead to an implied waiver that extends to all other communications relating to the same subject matter.
- Jury waiver: A criminal defendant signs a form relinquishing their right to have the trial conducted before a jury.
- Lien waiver: A subcontractor signs a written document waiving their mechanic's lien rights, allowing the owner or general contractor to receive a draw on a construction loan.
These examples illustrate how a waiver of notice can be expressed or implied, and can apply to various situations such as meetings, legal claims, and construction projects. It is important to note that a waiver must be voluntary and intentional, and the party waiving their right must have knowledge of the existing right and the intention of forgoing it.