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Express Waiver for the United Kingdom

Express Waiver Template for England and Wales

An Express Waiver is a formal legal document under English and Welsh law where one party explicitly and voluntarily relinquishes specific legal rights, claims, or privileges they would otherwise be entitled to. The document must clearly identify the rights being waived, demonstrate that the waiving party understands the implications, and be supported by valid consideration to be legally binding. It's commonly used in commercial transactions, dispute resolutions, and settlement agreements.

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Express Waiver

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What is a Express Waiver?

The Express Waiver serves as a crucial legal instrument in English and Welsh jurisdiction when parties need to formally document the voluntary relinquishment of rights or claims. It's particularly valuable in situations involving dispute resolution, settlement agreements, or commercial arrangements where clear documentation of waived rights is essential. The document must be carefully drafted to ensure it meets the requirements of consideration and clarity under common law principles, and typically includes detailed specifications of the rights being waived, the parties involved, and any conditions attached to the waiver.

What sections should be included in a Express Waiver?

1. Parties: Identifies all parties involved in the waiver

2. Background: Context of the waiver and circumstances leading to it

3. Definitions: Key terms used in the waiver document

4. Rights Being Waived: Clear specification of rights being given up

5. Consideration: What is being given in exchange for the waiver

6. Execution: Signature blocks and execution formalities

What sections are optional to include in a Express Waiver?

1. Duration: Time period of the waiver, if not permanent. Include when the waiver is temporary.

2. Conditions: Any conditions attached to the waiver. Include when the waiver is conditional.

3. Reservation of Rights: Rights specifically retained. Include when certain rights are being preserved.

What schedules should be included in a Express Waiver?

1. Schedule of Rights: Detailed list of specific rights being waived

2. Related Agreements: List of agreements affected by the waiver

3. Supporting Documents: Any relevant background documents referenced in the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Waiver

Cost

Free to use
Relevant legal definitions















Clauses















Industries

Law of Property (Miscellaneous Provisions) Act 1989: Fundamental legislation governing formalities of contracts, particularly relevant for contracts relating to land and property interests

Contracts (Rights of Third Parties) Act 1999: Regulates how third parties may enforce terms of a contract, which could be relevant if the waiver affects third party rights

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts, essential for ensuring waiver terms are not unfair or unreasonable

Consumer Rights Act 2015: Protects consumer interests in contracts, particularly relevant if the waiver involves consumer relationships

Limitation Act 1980: Sets statutory time limits for bringing legal claims, important for understanding the temporal scope of the waiver

Unfair Terms in Consumer Contracts Regulations 1999: Provides additional protection against unfair terms in consumer contracts, ensuring waiver terms are fair and transparent

Misrepresentation Act 1967: Governs remedies for misrepresentation in contracts, relevant for ensuring the waiver is based on accurate representations

Doctrine of Consideration: Common law principle requiring exchange of value for contract validity, essential for ensuring the waiver is legally binding

Capacity to Contract: Common law principle determining who can legally enter into contracts, crucial for ensuring all parties can validly agree to the waiver

Intention to Create Legal Relations: Common law principle requiring parties to intend their agreement to be legally binding

Estoppel Principles: Common law doctrine preventing parties from going back on promises or representations they have made

Human Rights Act 1998: Ensures the waiver does not infringe on fundamental human rights protected under UK law

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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