Berghuis Thompkins (2010)
The intentional and voluntary giving up of something, such as a right, either by an express statement or by conduct (such as not enforcing a right). the problem which may arise is that a waiver may be interpreted as giving up the right to enforce the same right in the future. example: the holder of a promissory note who several times allows the debtor to pay many weeks late does not agree to waive the due date on future payments. a waiver of a legal right in court must be expressed on the record.
