Waiver

Description: Waiver Quiz
Number of Questions: 14
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Tags: trade secret law waiver
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What is the intentional relinquishment of a known right?

  1. Waiver

  2. Estoppel

  3. Abandonment

  4. Laches


Correct Option: A
Explanation:

Waiver is the intentional relinquishment of a known right.

What are the two main types of waivers?

  1. Express and implied

  2. Written and oral

  3. Formal and informal

  4. Voluntary and involuntary


Correct Option: A
Explanation:

The two main types of waivers are express and implied.

What is an express waiver?

  1. A waiver that is stated in writing

  2. A waiver that is stated orally

  3. A waiver that is implied from conduct

  4. A waiver that is implied from silence


Correct Option: A
Explanation:

An express waiver is a waiver that is stated in writing.

What is an implied waiver?

  1. A waiver that is stated in writing

  2. A waiver that is stated orally

  3. A waiver that is implied from conduct

  4. A waiver that is implied from silence


Correct Option: C
Explanation:

An implied waiver is a waiver that is implied from conduct.

What are the elements of a valid waiver?

  1. Capacity, intent, and consideration

  2. Capacity, knowledge, and intent

  3. Capacity, knowledge, and consideration

  4. Capacity, intent, and knowledge


Correct Option: B
Explanation:

The elements of a valid waiver are capacity, knowledge, and intent.

What is the effect of a waiver?

  1. It extinguishes the right that is waived

  2. It creates a new right

  3. It transfers the right that is waived to another person

  4. It does not affect the right that is waived


Correct Option: A
Explanation:

The effect of a waiver is that it extinguishes the right that is waived.

Can a waiver be revoked?

  1. Yes, if it is done before the other party has acted in reliance on the waiver

  2. No, a waiver is irrevocable

  3. Yes, if it is done with the consent of the other party

  4. Yes, if it is done for good cause


Correct Option: A
Explanation:

A waiver can be revoked if it is done before the other party has acted in reliance on the waiver.

What is the difference between a waiver and an estoppel?

  1. A waiver is intentional, while an estoppel is not

  2. A waiver is express, while an estoppel is implied

  3. A waiver extinguishes a right, while an estoppel does not

  4. A waiver is binding, while an estoppel is not


Correct Option: A
Explanation:

The difference between a waiver and an estoppel is that a waiver is intentional, while an estoppel is not.

What is the difference between a waiver and an abandonment?

  1. A waiver is intentional, while an abandonment is not

  2. A waiver is express, while an abandonment is implied

  3. A waiver extinguishes a right, while an abandonment does not

  4. A waiver is binding, while an abandonment is not


Correct Option: A
Explanation:

The difference between a waiver and an abandonment is that a waiver is intentional, while an abandonment is not.

What is the difference between a waiver and a laches?

  1. A waiver is intentional, while a laches is not

  2. A waiver is express, while a laches is implied

  3. A waiver extinguishes a right, while a laches does not

  4. A waiver is binding, while a laches is not


Correct Option: A
Explanation:

The difference between a waiver and a laches is that a waiver is intentional, while a laches is not.

What are some examples of waivers?

  1. A waiver of the right to a jury trial

  2. A waiver of the right to remain silent

  3. A waiver of the right to an attorney

  4. All of the above


Correct Option: D
Explanation:

Examples of waivers include a waiver of the right to a jury trial, a waiver of the right to remain silent, and a waiver of the right to an attorney.

What are some of the defenses to a waiver?

  1. Lack of capacity

  2. Lack of knowledge

  3. Lack of intent

  4. All of the above


Correct Option: D
Explanation:

Defenses to a waiver include lack of capacity, lack of knowledge, and lack of intent.

What are the consequences of a waiver?

  1. The right that is waived is extinguished

  2. The other party is estopped from asserting the right that is waived

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

The consequences of a waiver are that the right that is waived is extinguished and the other party is estopped from asserting the right that is waived.

What are some of the policy considerations behind the law of waiver?

  1. To promote fairness and justice

  2. To prevent fraud and abuse

  3. To encourage settlement of disputes

  4. All of the above


Correct Option: D
Explanation:

The policy considerations behind the law of waiver are to promote fairness and justice, to prevent fraud and abuse, and to encourage settlement of disputes.

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