Legal Memorandum: Definition of Waiver in MN

Issue: Under Minnesota law, what is the definition of waiver?

Area of Law: Litigation & Procedure
Keywords: Definition of waiver; Knowledge of the right; An intent to waive the right
Jurisdiction: Minnesota
Cited Cases: None
Cited Statutes: None
Date: 11/01/2012

            “Waiver is the intentional relinquishment of a known right.  Therefore, a valid waiver requires two elements: (1) knowledge of the right, and (2) an intent to waive the right.”  Frandsen v. Ford Motor Co., 801 N.W.2d 177, 182 (Minn. 2011).  The burden of proving knowledge and intent rests with the party asserting waiver.  Id. 


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