honest belief waiver (Pennsylvania) · Go Syfert
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honest belief waiver in Pennsylvania

9 Pennsylvania opinions name it 5 courts 1946–2023 4 in the last five years

The cases below were cited by Pennsylvania 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 (3)

CaseFollowedCited
Brown v. Pittsburghgreen
pa · 1962 · cited in 7 Pennsylvania opinions naming this issue, 1981–2023
2 sentences

1992It may be expressed or implied. ‘[I]n the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights would be injuriously affected thereby, unless by his conduct the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to.’ In short, the doctrine of implied waiver in Pennsylvania applies only to situations involving circumstances equivalent to an estoppel, and the person claiming the waiver to prevail must show that he was misled and prejudiced thereby[.] Brown v. Ci

1992It may be expressed or implied. ‘[I]n the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights would be injuriously affected thereby, unless by his conduct the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to.’ In short, the doctrine of implied waiver in Pennsylvania applies only to situations involving circumstances equivalent to an estoppel, and the person claiming the waiver to prevail must show that he was misled and prejudiced thereby[.] Brown v. Ci

57
Atlantic Refining Co. v. Wyoming National Bankgreen
pa · 1946 · cited in 2 Pennsylvania opinions naming this issue, 1971–1981
2 sentences

1981Bank of Wilkes-Barre, 356 Pa. 226, 236-237 , 51 A. 2d 719, 725 (1947).

1971In Atlantic Refining Company v. Wyoming National Bank of Wilkes-Barre, 356 Pa. 226, 236 (1947), the court stated: “ ‘A waiver may be express or implied, but in the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights would be injuriously affected thereby, unless by his conduct the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to.’ ” Assuming that defendant was charged with constructive notice of the late filing on December 4th, is there sufficient eviden

22
Commonwealth Ex Rel. Corbett v. Largegreen
pacommwct · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022Corbett v. Large, 715 A.2d 1226, 1229 (Pa. Cmwlth. 1998) (citing Brown v. City of Pittsburgh, 186 A.2d 399 (Pa. 1962)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Dougherty, Tr. v. Thomas, Exr. green
pa · 1933
2 sentences

1946“A waiver may be express or implied, but in the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights avouM be injuriously affected thereby, unless by *237 liis conduct tlie opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to”: Dougherty, Trustee, v. Thomas, Executor, 313 Pa. 287, 297 , 169 A. 219 .

1946“A waiver may be express or implied, but in the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights avouM be injuriously affected thereby, unless by *237 liis conduct tlie opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to”: Dougherty, Trustee, v. Thomas, Executor, 313 Pa. 287, 297 , 169 A. 219 .

11946–1946

Where else courts name it

TX 17 (1922–2015) CA 14 (1921–2023) PA 9 (1946–2023) NM 7 (1970–2025) ID 6 (1924–1983) MD 4 (1991–2006) OR 4 (1965–2021) OH 3 (2013–2026) ME 2 (1948–1965) IA 2 (1951–2025) AZ 2 (1965–1969) MA 2 (2013–2019)

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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