Waiver

The voluntary surrender and relinquishment of a right.

29 Minn. 191.

The intentional relinquishment of a known right.

153 111. 468.

It is a somewhat narrower term than To constitute a waiver proper, there must ordinarily be a valuable consideration (75 N. Y. 453), a full knowledge of the right to be waived (48 N. Y. 399), and an actual intent to waive (15 Gray [Mass.] 229); but where there are circumstances of estoppel, i. e., where a party has misled another to his prejudice as to intent to insist on a right, it amounts to a. waiver, irrespective of Intent (7 Lea [Tenn.] 467), or consideration (30 N. Y. 164); and there are certain acts to which the law imputes the character of a waiver, irrespective of intent, as the right to a dilatory plea is waived by pleading to the merits (29 Conn. 82). Unless affected by the statute of frauds (9 Wend. [N. Y.] 79), no special formalities are required, and even a writing under seal may be waived by parol (101 U. S. 527).