Waiver of statutory rights may be valid unless it affects public rights or public policy; it can be by conduct. The principle of waiver allows a person to renounce benefits conferred for their protection provided the waiver does not affect public rights or public policy. A statutory right may be waived by express agreement or by conduct; the party asserting waiver must prove the agreement or conduct. Legislatures may impose statutory conditions that are non-waivable or declare waiver agreements void, and contractual arrangements ordinarily can relinquish statutory benefits unless prohibited by statutory terms or public policy.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Waiver of statutory rights may be valid unless it affects public rights or public policy; it can be by conduct.
The principle of waiver allows a person to renounce benefits conferred for their protection provided the waiver does not affect public rights or public policy. A statutory right may be waived by express agreement or by conduct; the party asserting waiver must prove the agreement or conduct. Legislatures may impose statutory conditions that are non-waivable or declare waiver agreements void, and contractual arrangements ordinarily can relinquish statutory benefits unless prohibited by statutory terms or public policy.
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