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what is a waiver a waiver is the relinquishment or refusal to accept of a right in practice it is required of everyone to take advantage of his rights at a proper time and neglecting to do so will be considered as a waiver if for example a defendant who has been misnamed in the writ and declaration pleads over he cannot afterwards take advantage of the error by pleading in abatement for his plea amounts to a waiver in seeking for remedy the party injured may in some instances wave a part of his right and sue for another for example when the defendant has committed a trespass on the property of the plaintiff by taking it away and afterwards he sells it the injured party may waive the trespass and bring an action of assembits for the recovery of the money thus received by the defendant in contracts if after knowledge of a supposed fraud surprise or mistake a party performs the agreement in part he will be considered as having waived the objection when a constitutional provision is design
