Waiver

Common card · No. 488372

A waiver is the relinquishment of a legal right. Whether a waiver is enforceable depends on the jurisdiction and the circumstances in which it is made. Courts may consider whether it was voluntary and informed, whether its terms were clear, and whether enforcing it would conflict with law or public policy. Waiver may also arise from a party's conduct in legal proceedings. In Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, the U.S. Supreme Court held that a party's refusal to comply with an order to produce evidence could result in waiver of its right to contest personal jurisdiction. Waivers are also used in public administration: under Section 1115 of the Social Security Act, the United States federal government may allow states to operate Medicaid or the Children's Health Insurance Program differently from the usual statutory requirements, while local authorities in the United Kingdom may waive limits imposed by their standing orders in specified circumstances.

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