Waiver

From Florida Legal Wiki

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, 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, 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., 392 So.2d 997, 998 (Fla. 4th DCA 1981).