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index
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nd statutes cited
cross reference numbers
burden of proof req.
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Waiver
1986- Contracts
C - 50.26
"Waiver" is the voluntary and intentional relinquishment or abandonment of a known, existing right, advantage, benefit, claim, or privilege, which, except for the waiver, the party would have enjoyed. The voluntary and intentional relinquishment or abandonment may be shown by express language, by agreement, or by acts or conduct from which that intention to waive may be inferred. Those acts or that conduct may involve neglect or failure to act, when affirmative action is required, that leads the other party reasonably to believe that it was the party's intention so to waive.
 
Sjoberg v. State Auto. Ins. Ass'n., 48 NW2d 452 (ND 1951)
Note: (2004 - reviewed with no changes)