implied waiver

implied waiver
A legal name for a situation in which a lender is deemed to have lost the right to enforce a provision in the loan documents as a result of the lender's failure to enforce the same provision when it was previously violated. American Banker Glossary

Financial and business terms. 2012.

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  • implied waiver — A waiver shown by the acts and conduct of the parties from which an intention to waive reasonably may be inferred. 56 Am J1st Waiver § 17. A waiver implied as a reasonable inference from the act or silence of the party who has the power to waive …   Ballentine's law dictionary

  • waiver — waiv·er / wā vər/ n [Anglo French, from waiver to waive]: the act of intentionally or knowingly relinquishing or abandoning a known right, claim, or privilege; also: the legal instrument evidencing such an act compare estoppel, forfeiture ◇ Acts… …   Law dictionary

  • waiver — The intentional or voluntary relinquishment of a known right, or such conduct as warrants an inference of the relinquishment of such right, or when one dispenses with the performance of something he is entitled to exact or when one in possession… …   Black's law dictionary

  • implied — This word is used in law in contrast to express ; i.e., where the intention in regard to the subjectmatter is not manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances, the general… …   Black's law dictionary

  • implied — This word is used in law in contrast to express ; i.e., where the intention in regard to the subjectmatter is not manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances, the general… …   Black's law dictionary

  • Waiver Of Demand — An agreement by the party that has endorsed a check or draft to accept legal responsibility, without being formally notified, should the original issuer of the check or draft default. The waiver of demand may be express or implied; it may also be …   Investment dictionary

  • waiver of notice of dishonor — An oral or written, express or implied relinquishment by an indorser of a negotiable instrument, either before or after the time for giving notice has arrived, of his right to be notified of the dishonor of the instrument. 11 Am J2d B & N §§ 831… …   Ballentine's law dictionary

  • waiver of presentment — An oral or written, express or implied relinquishment by a party to a negotiable instrument of the right to have the instrument presented for payment. 11 Am J2d B & N §§ 831 et seq …   Ballentine's law dictionary

  • waiver of protest — An oral or written, express or implied relinquishment by a party to a negotiable instrument of his right to have the instrument protested upon dishonor. 11 Am J2d B & N §§ 831 et seq …   Ballentine's law dictionary

  • MEḤILAH — (Heb. מְחִילָה; waiver ), the renunciation, repudiation, abandonment, or surrender of some claim, right, or privilege. Meḥilah may be the waiver of a present right or lien or the waiver of the right to a future increment; in the latter case, it… …   Encyclopedia of Judaism

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