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Nolo’s Plain-English Law Dictionary

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waiver
The intentional and voluntary giving up of a right, either by an express statement or by conduct (such as by not enforcing a right). A waiver accomplished by conduct may be interpreted as giving up the right to enforce the same right in the future. For example, a landlord who never invokes his "no pets" rule and allows tenants to keep dogs may not be able to successfully invoke the rule at a future date. A waiver of a legal right in court, such as the right to a jury trial, must be expressed on the record.
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