Waiver is often misused for laches and estoppel.
Evidence
To waive a right is to give it up. A waiver must be voluntary, so the word is misused when substituted for laches (the equitable doctrine that unreasonable delay can bar relief) or estoppel (the equitable doctrine that bars a party from contradicting a previous stance). — Bryan A. Garner, Jeff Newman, Tiger Jackson, The Redbook, 1215
Categorization
- DEFINE: Distinguishes waiver from two related equitable doctrines.
- XREF: connects to: Appellate courts inconsistently apply procedural waiver rules to different parties — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1011
Broader Connections
- Appellate courts inconsistently apply procedural waiver rules to different parties
#complicates(0.30) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1011