The renunciation , repudiation , abandonment , or surrender of some claim, right, privilege, or of the opportunity to take advantage of some select, irregular- Vity, or wrong. The passing by of an occasion to enforce a legal right , whereby the right to enforce the same is lost; a common instance of this is where a landlord waives a forfeiture of a lease by receiving rent, or distraining for M rent, which has accrued due after the breach of covenant causing the forfeiture became known to him. Wharton. This word is commonly used to denote the declining to take advantage of an irregularity in legal proceedings , or of a forfeiture incurred through breach of covenants in a lease. A gift of goods may be waived by a disagreement to accept; so a plaintiff may commonly sue in contract waiving the tort Brown. See Bennecke v. Insurance Co., 105 U. S. 355, 20 L. Ed. 990; Christensen v. Carleton, 69 Vt 91. 37 Atl. 226; Shaw v. Spencer, 100 Mass. 395, 97 Am. Dec. 107, 1 Am. Bep. 115; Star Brewery Co. v. Primas, 103 111. 652, 45 N. E. 145; Reid v. Field, 83 Va. 26, 1 S. E. 395; Caulfield v. Finnegan, 114 Ala. 39, 21 South. 484; Lyman v. Little ton, 50 N. H. 54; Smiley v. Barker, 83 Fed. 684, 28 C. C. A. 9; Boos v. Ewiug, 17 Ohio, 523, 49 Am. Dec. 478.
Black’s Law Online Dictionary
