Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

Need a little legal ammo? Search for caselaw on legal theories and defenses here:

Friday, February 28, 2014

Waiver as a Defense or Counterdefense: When does it apply? When not?


WAIVER AS AN AFFIRMATIVE DEFENSE OR COUNTERDEFENSE

What is waiver, legally speaking, in the context of litigation?

WAIVER DEFENSE DEFINED

“Waiver is the intentional relinquishment of a right actually known, or intentional conduct inconsistent with claiming that right.” Ulico Cas. Co. v. Allied Pilots Ass’n, 262 S.W.3d 773, 778 (Tex. 2008).

ELEMENTS OF WAIVER INCLUDE BEING AWARE OF WHAT IS BEING WAIVED

The elements of waiver are: (1) an existing right, benefit, or advantage held by a party; (2) the party’s actual knowledge of its existence; and (3) the party’s actual intent to relinquish the right held or intentional conduct that is inconsistent with the right. Id.

SOURCE: HOUSTON COURT OF APPEALS - 01-12-00168-CV – 2/27/2014

 
 

No comments:

Post a Comment