Waivable Meaning: Definition and Examples
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waivable
[ˈweɪvəbl ]
Definition
legal context
Waivable refers to something that can be relinquished or set aside, particularly in a legal sense. It implies that a party has the option to say no to a certain obligation or right without facing penalties.
Synonyms
optional, relinquishable, surrenderable.
Examples of usage
- You have a waivable right to appeal the decision.
- The contract's penalty clause is waivable upon mutual agreement.
- The company offered a waivable fee for early cancellation.
Interesting Facts
Legal Terminology
- In legal contexts, 'waivable' often refers to rights that an individual can agree to give up voluntarily.
- Many contracts include waivable clauses that allow parties to overlook certain rules under agreed conditions.
- An example of waivable rights is the right to a trial by jury in some civil cases, which a party can choose to waive.
Everyday Applications
- In many situations, like signing up for services, users may waiver their rights to refunds or cancellations.
- Waivable terms may also appear in employment contracts where employees can agree not to pursue certain legal claims against their employer.
Comparative Concepts
- The opposite of waivable is 'non-waivable', meaning a right or rule cannot be given up and must always be followed.
- In areas like international law, certain laws are considered non-waivable to protect human rights.
Cultural Perspectives
- In some cultures, people value certain rights and responsibilities highly, making them less likely to agree to waivable terms.
- The idea of waiving rights can provoke strong discussions about personal freedoms and societal responsibilities.
Origin of 'waivable'
The term 'waivable' is derived from the verb 'waive', which has its roots in the Old French word 'eswaiver', meaning 'to give up, relinquish'. The transition into English occurred in the late 14th century, and by the early 15th century, it began to be used in various legal contexts. The addition of the suffix '-able' denotes capability, leading to the modern understanding of 'waivable' as something that can be waived. This concept is prevalent in legal documents and contracts, emphasizing the flexibility in obligations and rights between parties. The evolution of this word reflects the changing dynamics of legal agreements and the increasing emphasis on voluntary actions in legal practices.