implied waiver
implied waiver, defined:
the act of relinquishing, forgiving or abandoning some legal right (waiver) indirectly, through implication. The term, implied waiver, makes a key legal distinction about the status or nature of the waiver, namely that it was made implicitly. Compare implied waiver to express waiver which is given explicitly.
implied waiver, as it might be used:
The implied waiver was inferred through the actions of the parties.
An example of implied waiver:
During the course of a kitchen remodeling project, Fergus is told by the builder that the flooring is a different brand than what is specified in the contract. Fergus, seeing that it was a comparable product, says nothing more about the change and pays the builder in full at the end of the project. By his actions, Fergus has given the builder an implied waiver of his obligation to supply the specified brand of flooring.
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Clear-Point Law Dictionary
