law-of-waiver

law-waivers | jury waiver | waiver of trial and litigation by consenting to arbitration | waiver of contractual right
to arbitrate dispute by invoking judicial process to opponent's detriment | waiver of governmental immunity by
conduct | w aiver-as-affirmative-defense | waiver argument | waiver of governmental immunity by conduct |
jury waiver | waiver of right to arbitrate by litigation conduct | procedural waivers | waiver of appellate review
by failure to preserve error in the trial court | waiver by failure to submit issue to the jury | waiver by litigation
conduct |

Waiver is an affirmative defense, requiring a party to specifically plead and prove it. Cal-Tex Lumber Co.,
Inc. v. Owens Handle Co., Inc., 989 S.W.2d 802, 812 (Tex.App.Tyler, 1999). "Waiver has been defined as an
intentional relinquishment of a known right or intentional conduct inconsistent with claiming it." U.S. Fidelity &
Guaranty Co. v. Bimco Iron & Metal Corp., 464 S.W.2d 353, 357 (Tex.1971). Waiver may be either express
or indicated by conduct that is inconsistent with an intent to claim the right. Cal-Tex. Lumber Co., Inc., 989
S.W.2d at 812. "A party's intention is a primary factor in determining questions of waiver, and in the absence
of a clear intent expressed in words, acts, or conduct, waiver will be implied only to prevent fraud or
inequitable consequences." Id. (citing Stowers v. Harper, 376 S.W.2d 34, 40 (Tex.Civ.App.-Tyler 1964, ref.
n.r.e.)).

Waiver is an intentional relinquishment of a known right or intentional conduct
inconsistent with claiming that right. Mass. Bond & Ins. Co. v. Orkin Exterm. Co., 416 S.W.2d 396,
401 (Tex. 1967).

Waiver is the intentional relinquishment of a known right or intentional conduct inconsistent with claiming that
right. 4901 Main, Inc., 187 S.W.3d at 632.
4901 Main, Inc. v. TAS Auto., Inc., 187 S.W.3d 627, 632 (Tex. App.-Houston [14th Dist.] 2006, no pet.).

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