§ 19-22 Contract - Waiver

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 19-22 Contract - Waiver

The defendant claims that, even if there was a breach of contract, the plaintiff, by his actions after the alleged breach, waived his right to enforce the contract.

Waiver involves the intentional relinquishment of a known right. That is, waiver is a voluntary and intentional abandonment or relinquishment of a known right. It may be implied from circumstances indicating an intent to waive. An implied waiver results from acts and conduct of the party against whom the doctrine is invoked from which an intentional relinquishment of a right is reasonably inferable. Acts that are inconsistent with the continued assertion of a right may also give rise to a waiver.

Waiver is an affirmative defense. The burden of proof is upon the party who asserts it. Generally, the party claiming waiver must show that the party against whom waiver is asserted possessed, at the time, actual or constructive knowledge of his rights or of all the...