What Is Contract Defense of Waiver Law in California

What is the Law in California for the Contract Defense of Waiver - California Civil Jury Instruction CACI 336

California Law

CA Civil Jury Instructions

CACI 336 - Contract Defense of Waiver

As of September 1, 2010

California Civil Jury Instruction CACI 336

336. Affirmative Defense—Waiver

[Name of defendant] claims that [he/she/it] did not have to [insert
description of performance] because [name of plaintiff] gave up [his/

her/its] right to have [name of defendant] perform [this/these]

obligation[s]. This is called a "waiver."

To succeed, [name of defendant] must prove both of the following

by clear and convincing evidence:

1. That [name of plaintiff] knew [name of defendant] was

required to [insert description of performance]; and

2. That [name of plaintiff] freely and knowingly gave up [his/

her/its] right to have [name of defendant] perform

[this/these] obligation[s].

A waiver may be oral or written or may arise from conduct that

shows that [name of plaintiff] gave up that right.

If [name of defendant] proves that [name of plaintiff] gave up [his/

her/its] right to [name of defendant]’s performance of [insert
description of performance], then [name of defendant] was not

required to perform [this/these] obligation[s].

If you have a legal issue in California which involves What is the Law in California for the Contract Defense of Waiver, call the Law Firm of Attorney Sebastian Gibson. With over thirty years of experience in the U.S. and internationally, California Civil Lawyer Sebastian Gibson is the attorney to call for all your legal matters in the State of California.

We invite you to explore the web site of California Lawyer Sebastian Gibson and see how we can assist you in other areas of federal and state law as well.

What Is Contract Defense of Waiver Law in California

What is the Law in California for the Contract Defense of Waiver - California Civil Jury Instruction CACI 336

California Law

CA Civil Jury Instructions

CACI 336 - Contract Defense of Waiver

As of September 1, 2010

California Civil Jury Instruction CACI 336

336. Affirmative Defense—Waiver

[Name of defendant] claims that [he/she/it] did not have to [insert description of performance] because [name of plaintiff] gave up [his/

description of performance] because [name of plaintiff] gave up [his/

her/its] right to have [name of defendant] perform [this/these]

obligation[s]. This is called a "waiver."

To succeed, [name of defendant] must prove both of the following

by clear and convincing evidence:

1. That [name of plaintiff] knew [name of defendant] was

required to [insert description of performance]; and

2. That [name of plaintiff] freely and knowingly gave up [his/

her/its] right to have [name of defendant] perform

[this/these] obligation[s].

A waiver may be oral or written or may arise from conduct that

shows that [name of plaintiff] gave up that right.

If [name of defendant] proves that [name of plaintiff] gave up [his/

her/its] right to [name of defendant]’s performance of [insert description of performance], then [name of defendant] was not

description of performance], then [name of defendant] was not

required to perform [this/these] obligation[s].

We invite you to explore the web site of California Lawyer Sebastian Gibson and see how we can assist you in other areas of federal and state law as well.

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[Name of defendant] claims that [he/she/it] did not have to [insert
description of performance] because [name of plaintiff] gave up [his/

her/its] right to [name of defendant]’s performance of [insert
description of performance], then [name of defendant] was not