Topic: express declaration; or by acts and declarations manifestin… · Go Syfert
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Topic #23272

5 canonical passages across 3 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Baird v. Fidelity-Phenix Fire Ins. Co..

#Case FlagCanonical passage Citers
1 Baird v. Fidelity-Phenix Fire Ins. Co. Anchor
· 1942
green “express declaration; or by acts and declarations manifesting an intent and purpose not to claim the supposed advantage; or by a course of acts and conduct, or by so neglecting and failing to act, as to induce a belief that it was the party's intention and purpose to waive.” 4
2 Koontz v. Fleming
· 1933
green “absolute action or inaction inconsistent with the claim or right” 4
3 Koontz v. Fleming
· 1933
green “an inferior beneficiary may not sue until the person with the prior and superior right waives his right of action.” 4
4 Koontz v. Fleming
· 1933
green “there must be absolute action or inaction inconsistent with the claim or right in order to constitute waiver by conduct.” 3
5 Busby v. Massey
tenn · 1984
green “adult beneficiary may waive his or her right to maintain the action by permitting the administrator's suit to stand without objection,” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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