Legal Dictionary of Pakistan

implied waiver

A waiver evidenced by a party's decisive, unequivocal conduct reasonably inferring the intent to waive. "An implied waiver may arise where a person has pursued such a course of conduct as,( evidence an intention to waive a right, or where his conduct is inconsistent with any other intention than to waive it. Waiver may be inferred from conduct or acts putting one off his guard and leading him to believe that a right has been waived. Mere silence, however, is no waiver unless there is an obligation to speak." 28 Am. Jur. 2d Estoppel and Waiver § 160, at 845-46 (1966).