Waiver

Waiver is an Affirmative Defense. The elements of waiver are:


 * 1) the existence at the time of the waiver of a right, privilege, advantage, or benefit which may be waived;
 * 2) the actual or constructive knowledge of the right; and
 * 3) the intention to relinquish the right.

''Goodwin v. Blu Murray Ins. Agency, Inc., 939 So.2d 1098, 1104 (Fla. 5th DCA 2006), citing Zurstrassen v. Stonier'', Case::786 So.2d 65, 70 (Fla. 4th DCA 2001).

Waiver may be implied by conduct, but that conduct must make out a clear case. Goodwin, citing ''Fireman's Fund Ins. Co. v. Vogel'', Case::195 So.2d 20, 24 (Fla. 2d DCA 1967). Mere delay is insufficient to support a defense of waiver.. Goodwin, 939 So.2d at 1104, citing Mercede v. Mercede Park Italian Restaurant, Inc., Case::392 So.2d 997, 998 (Fla. 4th DCA 1981).