What is Waiver by Election? A Comprehensive Legal Overview
Definition & Meaning
A waiver by election is a legal concept where a party voluntarily chooses to give up a right or claim, typically after having the option to pursue it. This decision often arises in situations where a party has multiple remedies available and must select one, thereby waiving the others. The essence of this waiver is the conscious choice made by the individual or entity, indicating their preference for a particular course of action over others.
Legal Use & context
Waivers by election are commonly encountered in various areas of law, including contract law, tort law, and family law. For instance, in contract disputes, a party may choose to enforce a specific provision while relinquishing the right to claim damages for breach. Similarly, in family law, an individual might waive certain rights in divorce proceedings, such as spousal support, in favor of other benefits.
Users can often manage these situations with the help of legal forms and templates provided by services like US Legal Forms, which are drafted by qualified attorneys to ensure compliance and clarity.
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a personal injury case, a plaintiff may choose to accept a settlement offer from the defendant, waiving their right to pursue further legal action regarding the same injury.
Example 2: (hypothetical example) A homeowner may decide to accept a partial payment for damages from a contractor, thereby waiving the right to claim the full amount owed for the repairs.