express waiver
express waiver, defined:
the act of relinquishing, forgiving or abandoning some legal right (waiver) in an intentional and deliberate manner. An express waiver is often used in the world of contacts where a breach by one party may be forgiven by another party in order to preserve the agreement itself. The term, express waiver, makes an important distinction about the status or nature of the waiver, namely that it was made explicitly.
express waiver, as it might be used:
The express waiver was given in writing.
An example of express waiver:
During the course of a kitchen remodeling project, Fergus discovers that his builder has mistakenly installed a type of flooring other than the one explicitly described in the contract. After some consideration, Fergus comes to like the installed floor as well as the floor he had originally selected. To avoid any later claims for breach of contract, the builder asks Fergus to sign an express waiver.
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Clear-Point Law Dictionary
