How To Prove A Florida Waiver Defense
In Florida, a defense of Waiver is defined as:
Waiver is the act of intentionally relinquishing or abandoning a known right, claim, or privilege.
It simply means:
When a party gives up a right.
There are 3 elements of the defense:
- Element 1. At the time of the waiver, there was a right, privilege, advantage, or benefit which may be waived. A waiver defense involves giving up a specific right, privilege, or benefit that a person had at the time, meaning they chose to forgo something they were entitled to, often to avoid legal claims or consequences later on.
Facts that might support this element look like:
* The plaintiff had a contractual right to receive a bonus payment upon meeting specific performance metrics.
* The defendant was entitled to a statutory benefit under local labor laws, which could be waived by mutual agreement.
* The parties had a longstanding business relationship that included the right to exclusive access to certain resources.
* The plaintiff was aware of their right to seek damages for breach of contract but chose to forgo that right.
* The defendant had a privilege to contest the validity of the agreement but voluntarily chose not to exercise that privilege. - Element 2. The party waiving the right had actual or constructive knowledge of the right. For a waiver defense to apply, the person giving up their right must have known about that right, either by actually being aware of it or by having enough information that they should have known.
Facts that might support this element look like:
* The party received multiple communications outlining their rights and the implications of waiving them prior to the agreement.
* The party had legal counsel review the contract, indicating they were aware of their rights before signing.
* The party participated in discussions where the waiver was explicitly mentioned and acknowledged.
* The party had previously exercised the right in similar situations, demonstrating their understanding of its significance.
* The party was informed of the potential consequences of waiving the right during a negotiation meeting. - Element 3. The party waiving the right intends to relinquish the right. In a waiver defense, the party giving up their right must clearly show that they intend to permanently give up that right, meaning they understand what they are letting go of and choose to do so willingly.
Facts that might support this element look like:
* The party explicitly stated in writing that they would not enforce their right in the matter at hand.
* The party engaged in conduct that clearly indicated acceptance of the situation, despite having the right to object.
* The party failed to assert their right for an extended period, suggesting a deliberate choice to relinquish it.
* The party communicated to the opposing party that they would not pursue their right, demonstrating an intention to waive it.
* The party’s actions were consistent with a belief that the right was no longer applicable or enforceable.
(See Taylor v. Kenco Chemical & Mfg. Corp., 465 So. 2d 581 – Fla: Dist. Court of Appeals, 1st Dist. 1985. Gulf Life Insurance Company v. Green, 80 So.2d 321 (Fla. 1955); Gilman v. Butzloff, 155 Fla. 888, 22 So.2d 263 (1945); Wilds v. Permenter, 228 So.2d 408 (Fla. 4th DCA 1969).)
If you’re in court without a lawyer and plan to assert a Defense of Waiver, it’s essential to engage in a Personal Practice of Law at Courtroom5. You’ll need to determine what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. This proactive approach will help you effectively navigate the complexities of your case.
U.S. Civil Cases Only