waive

Waive is a verb meaning to refrain from insisting on or enforcing a right, claim, or privilege, or to give up or relinquish something one is entitled to. In everyday usage, people might waive a fee, waive a deadline, or waive a requirement. The related noun is waiver, referring to the act of waiving or a document that effects the relinquishment.

In legal contexts, a waiver is typically voluntary and intentional and can be express (explicitly stated in writing or speech) or implied by conduct. Waivers are often used in contracts to allocate risk, to simplify procedures, or to excuse compliance with certain obligations. Enforceability depends on factors such as informed consent, absence of coercion, and compatibility with public policy. Some rights cannot be waived, or waivers may be void if they are unconscionable, obtained through deceit, or would undermine public policy. A waiver may also be implied by conduct if a party acts as though it relinquishes the right and the other party relies on that behavior.

Etymology generally traces the modern sense of relinquishing a right to the idea of giving up or waiving something rather than the literal notion of waving. Related terms include forgo, renounce, relinquish, surrender, and concede. Waiver frequently appears in contracts, settlement agreements, and liability releases, where parties agree to forego certain claims or protections under specified conditions.