person against waiver (Washington) · Go Syfert
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person against waiver in Washington

13 Washington opinions name it 2 courts 1942–2025 2 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Birkeland v. Corbettgreen
wash · 1958 · cited in 2 Washington opinions naming this issue, 1989–1990
2 sentences

1989It is necessary that the person against whom waiver is claimed have intended to relinquish the right, advantage, or benefit and his action must be inconsistent with any other intent than to waive it.[ 3 ] Wagner v. Wagner, 95 Wn.2d 94, 102 , 621 P.2d 1279 (1980); see also Birkeland v. Corbett, 51 Wn.2d 554, 565 , 320 P.2d 635 (1958); Bowman v. Webster, 44 Wn.2d 667, 669 , 269 P.2d 960 (1954).

1989It is necessary that the person against whom waiver is claimed have intended to relinquish the right, advantage, or benefit and his action must be inconsistent with any other intent than to waive it.[ 3 ] Wagner v. Wagner, 95 Wn.2d 94, 102 , 621 P.2d 1279 (1980); see also Birkeland v. Corbett, 51 Wn.2d 554, 565 , 320 P.2d 635 (1958); Bowman v. Webster, 44 Wn.2d 667, 669 , 269 P.2d 960 (1954).

12
Eliason v. Walkergreen
wash · 1953 · cited in 2 Washington opinions naming this issue, 1961–1969
2 sentences

1961The person against whom a waiver is claimed must have intended to relinquish the right, advantage, or benefit, and his actions must be inconsistent with any other intention than to waive them. [Citing case.]” In Eliason v. Walker, 42 Wn. (2d) 473, 477, 256 P. (2d) 298 (1953), we said: “. . .

1961The person against whom a waiver is claimed must have intended to relinquish the right, advantage, or benefit, and his actions must be inconsistent with any other intention than to waive them. [Citing case.]" In Eliason v. Walker, 42 Wn. (2d) 473, 477, 256 P. (2d) 298 (1953), we said: *504 "...

12
Medina v. Stategreen
colo · 2001 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018Medina v. State, 35 P.3d 443, 452 (Colo. 2001). ¶ 11 “A release is the relinquishment of a vested right or claim to a person against whom the claim is enforceable.” Neves v. Potter, 769 P.2d 1047, 1049 (Colo. 1989).

11
Neves v. Pottergreen
colo · 1989 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018Medina v. State, 35 P.3d 443, 452 (Colo. 2001). ¶ 11 “A release is the relinquishment of a vested right or claim to a person against whom the claim is enforceable.” Neves v. Potter, 769 P.2d 1047, 1049 (Colo. 1989).

11
Fox v. I-10, LTD.green
colo · 1998 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018An insured may agree to a term of settlement and release as the insured sees fit, “so long as [the term] does not violate statutory prohibitions or public policy.” Fox v. I-10, Ltd., 957 P.2d 1018, 1022 (Colo. 1998).

11
McDaniels v. Carlsongreen
wash · 1987 · cited in 1 Washington opinions naming this issue, 1994–1994
2 sentences

1994See McDaniels v. Carlson, 108 Wn.2d 299, 308 , 738 P.2d 254 (1987).

1994See McDaniels v. Carlson, 108 Wn.2d 299, 308 , 738 P.2d 254 (1987).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Shinn v. Thrust IV, Inc. green
washctapp · 1990
2 sentences

2025“A waiver by conduct occurs if the actions of the person against whom waiver is claimed are inconsistent with any intention other than waiver.” Shinn v. Thrust IV, Inc., 56 Wn.

2024“A waiver by conduct occurs if the actions of the person against whom waiver is claimed are inconsistent with any intention other than waiver.” Shinn v. Thrust IV, Inc., 56 Wn.

22024–2025
Bowman v. Webster green
wash · 1954
2 sentences

1989It is necessary that the person against whom waiver is claimed have intended to relinquish the right, advantage, or benefit and his action must be inconsistent with any other intent than to waive it.[ 3 ] Wagner v. Wagner, 95 Wn.2d 94, 102 , 621 P.2d 1279 (1980); see also Birkeland v. Corbett, 51 Wn.2d 554, 565 , 320 P.2d 635 (1958); Bowman v. Webster, 44 Wn.2d 667, 669 , 269 P.2d 960 (1954).

1989It is necessary that the person against whom waiver is claimed have intended to relinquish the right, advantage, or benefit and his action must be inconsistent with any other intent than to waive it.[ 3 ] Wagner v. Wagner, 95 Wn.2d 94, 102 , 621 P.2d 1279 (1980); see also Birkeland v. Corbett, 51 Wn.2d 554, 565 , 320 P.2d 635 (1958); Bowman v. Webster, 44 Wn.2d 667, 669 , 269 P.2d 960 (1954).

21958–1989
Ward v. Richards & Rossano, Inc. green
washctapp · 1988
1 sentence

1991Ward v. Richards & Rossano, Inc., 51 Wn.

11991–1991
Wagner v. Wagner green
wash · 1980
2 sentences

1989It is necessary that the person against whom waiver is claimed have intended to relinquish the right, advantage, or benefit and his action must be inconsistent with any other intent than to waive it.[ 3 ] Wagner v. Wagner, 95 Wn.2d 94, 102 , 621 P.2d 1279 (1980); see also Birkeland v. Corbett, 51 Wn.2d 554, 565 , 320 P.2d 635 (1958); Bowman v. Webster, 44 Wn.2d 667, 669 , 269 P.2d 960 (1954).

1989It is necessary that the person against whom waiver is claimed have intended to relinquish the right, advantage, or benefit and his action must be inconsistent with any other intent than to waive it.[ 3 ] Wagner v. Wagner, 95 Wn.2d 94, 102 , 621 P.2d 1279 (1980); see also Birkeland v. Corbett, 51 Wn.2d 554, 565 , 320 P.2d 635 (1958); Bowman v. Webster, 44 Wn.2d 667, 669 , 269 P.2d 960 (1954).

11989–1989
Symington v. Hudson green
wash · 1952
2 sentences

1970The issue in this case is similar to that presented to the Supreme Court in Symington v. Hudson, 40 Wn.2d 331 , 243 P.2d 484 (1952).

1970The issue in this case is similar to that presented to the Supreme Court in Symington v. Hudson, 40 Wn.2d 331 , 243 P.2d 484 (1952).

11970–1970
Hopkins v. Northwestern National Life Insurance neutral
wash · 1906
2 sentences

1944Co., 41 Wash. 592 , 83 Pac. 1019 , we stated: *180 “A waiver is defined to be the intentional relinquishment of a known right, and there can be no waiver unless the person against whom the waiver is claimed had a full knowledge of his rights. 29 Am. & Eng.

1944Co., 41 Wash. 592 , 83 Pac. 1019 , we stated: *180 “A waiver is defined to be the intentional relinquishment of a known right, and there can be no waiver unless the person against whom the waiver is claimed had a full knowledge of his rights. 29 Am. & Eng.

11944–1944
Dorcey v. Milwaukee Electric Railway & Light Co. neutral
wis · 1925
2 sentences

1942There was not an unusual number of persons entering and leaving the station, considering the time of day when the accident occurred, and we cannot see how the failure to furnish doorkeepers or attendants, in any way contributed to the happening.” (Italics ours.) In Dorcey v. Milwaukee Electric R. & Light Co., 186 Wis. 590 , 203 N. W. 327 , the court stated: “Before there can be negligence, there must be a breach of duty owing by the person against whom the claim of negligence is made.

1942There was not an unusual number of persons entering and leaving the station, considering the time of day when the accident occurred, and we cannot see how the failure to furnish doorkeepers or attendants, in any way contributed to the happening.” (Italics ours.) In Dorcey v. Milwaukee Electric R. & Light Co., 186 Wis. 590 , 203 N. W. 327 , the court stated: “Before there can be negligence, there must be a breach of duty owing by the person against whom the claim of negligence is made.

11942–1942

Where else courts name it

IL 109 (1906–2026) MS 100 (1977–2025) TX 42 (1952–2026) LA 39 (1903–2004) WA 13 (1942–2025) CA 13 (1939–2022) MI 12 (1914–2025) CT 11 (2000–2019) OH 11 (1911–2016) OK 10 (1927–2014) WI 8 (1957–2016) NY 8 (1848–1994) AL 7 (1888–2018) NC 7 (1974–2018) VT 7 (1974–2026) GA 7 (1882–2003) MD 6 (1965–2014) FL 6 (1938–2016) CO 5 (1983–2025) SC 5 (1932–2008) IA 5 (1886–1984) NM 4 (1947–2012) NJ 4 (1867–1995) NE 4 (1950–1998) UT 3 (2007–2013) RI 3 (2005–2009) DE 3 (1932–1990) MA 3 (1874–2008) PA 3 (1981–2016) VA 2 (1999–2004) MO 2 (1913–1986) AZ 2 (1997–2008) MN 2 (1977–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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