Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
At-issue waiver
an exemption from the attorney-client privilege, whereby a litigant is considered to have waived the privilege by taking a position that cannot be effectively challenged without analyzing privileged information. Cf. Offensive-use waiver.
Waivery
Hist. The act of putting a woman outside the protection of the law. ( At common law, a woman could not be "outlawed" because she was not considered "in law" - that is, she could not undertake legal proceedings on her own. By Bracton's day, the effect of outlawing a woman was achieved by "waiving" her - the act being called waiuery.
express waiver
A voluntary and intentional waiver.
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).
lien waiver
A written and signed waiver of a subcontractor's mechanic's lien rights, usu. submitted to enable the owner or general contractor to receive a draw on a construction loan.
nonwaiver agreement
Insurance. A contract (supplementing a liability-insurance policy) in which the insured acknowledges that the insurer's investigation or defense of a claim against the insured does not waive the insurer's right to contest coverage later. - Also termed reservation of rights.
offensive-use waiver
An exemption from the attorney-client privilege, whereby a litigant is considered to have waived the privilege by seeking affirmative relief, if the claim relies on privileged information that would be outcomedeterminative and that the opposing party has no other way to obtain. Cf. AT-ISSUE WAIVER.
prospective waiver
A waiver of something that has not yet occurred, such as a contractual waiver of future claims for discrimination upon settlement of a lawsuit. 2. The instrument by which a person relinquishes or abandons a legal right or advantage <the plaintiff must sign a waiver when the funds are delivered>.
waiver
, n. 1. The voluntary relinquishment or abandonment - express or implied - of a legal right or advantage <waiver of notice>. ( The party alleged to have waived a right must have had both knowledge of the existing right and the intention of forgoing it. Cf. ESTOPPEL.
waiver by election of remedies
A defense arising when a plaintiff has sought two inconsistent remedies and by a decisive act chooses one of them, thereby waiving the other.
waiver of claims and defenses
1. The intentional relinquishment by a maker, drawer, or other obligor under a contract of the right to assert against the assignee any claims or defenses the obligor has against the assignor. 2. The contractual clause providing for such a waiver.
waiver of defenses
Real estate. A document by which a mortgagor acknowledges that the mortgage is good and valid for the full amount of the mortgage note. ( This document ensures that the mortgagor has no defenses to the mortgage. - Also termed estoppel certificate; no-setoff certificate; declaration of no defenses.
waiver of exemption
1. A debtor's voluntary relinquishment of the right to an exemption from a creditor's levy or sale of any part of the debtor's personal property by judicial process. 2. The contractual clause expressly providing for such a waiver.
waiver of immunity
The act of giving up the right against self-incrimination and proceeding to testify. See IMMUNITY (3).
waiver of protest
A relinquishment by a party to a negotiable instrument of the formality of protest in case of dishonor. See PROTEST (2).
waiver of tort
The election to sue in quasicontract to recover the defendant's unjust benefit, instead of suing in tort to recover damages. See implied-in-law contract under CONTRACT. "A person upon whom a tort has been committed and who brings an action for the benefits received by the tortfeasor is sometimes said to 'waive the tort."' Restatement of Restitution § 525 (1937). " Waiver of tort' is a misnomer. A party only waives a tort in the sense that he elects to sue in quasi-contract to recover the defendant's unjust benefit rather than to sue in tort to recover damages; he has a choice of alternative remedies. But the tort i
waiver-of-premium clause
Insurance. A provision for a waiver of premium payments after the insured has been disabled for a specified length of time, such as six months.