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A waiver is the voluntary relinquishment or surrender of some known right or privilege. Regulatory agencies or governments may issue waivers to exempt companies from certain regulations. For example, a United States law restricted the size of banks, but when banks exceeded these sizes, they obtained waivers.〔(Financial Debate Renews Scrutiny on Banks’ Size ). ''New York Times''.〕 In another example, the United States federal government may issue waivers to individual states so that they may provide Medicare in different ways than the law typically requires.〔(Waivers ). Medicaid.gov.〕 While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted. When the right to hold a person liable through a lawsuit is waived, the waiver may be called an exculpatory clause, liability waiver, legal release, or hold harmless clause. In some cases, parties may sign a "non-waiver" contract which specifies that no rights are waived, particularly if a person's actions may suggest that rights are being waived. This is particularly common in insurance, as it is less detailed than a reservation of rights letter; the disadvantage is that it requires the signature of the insured.〔(Insurance Law - Difference Between Non-waiver Agreement and Reservation of Rights ). John Reilly & Associates.〕 Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case, one is presumed to know one's rights and that those rights are voluntarily relinquished if not asserted at the time. In civil procedure, certain arguments must be raised in the first objection that a party submits to the court, or else they will be deemed waived. ==Enforceability== The following represent a general overview of considerations; specifics may vary dramatically depending on the jurisdiction. Key factors that some courts (depending on jurisdiction) may look at while determining the applicability of a waiver: * In some jurisdictions, one may not prospectively waive liability for some or all intentional activities * Waivers generally must be made voluntarily and with the full knowledge (or the ability to know) of the right being waived * The waiver should be unambiguous and clear to a reasonable person * In some jurisdictions (not including the United States), it may be necessary that the parties to the waiver have equal bargaining power * A waiver may have limited application where one contracts for an "essential service" such that it may violate public policy for liability to be waived * A waiver that the courts will not enforce because the purpose of the agreement is to achieve an illegal end constitutes an illegal agreement. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Waiver」の詳細全文を読む スポンサード リンク
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