Waiver Of Claim

Waiver Of Claim for the United Kingdom

Waiver Of Claim Template for England and Wales

A Waiver of Claim is a legal document under English and Welsh law where one party voluntarily relinquishes their right to pursue a legal claim against another party. The document formally records the abandonment of legal rights, typically in exchange for consideration. It must comply with English contract law principles and relevant statutory requirements, including the Unfair Contract Terms Act 1977 and the Limitation Act 1980.

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What is a Waiver Of Claim?

A Waiver of Claim is commonly used in situations where parties wish to resolve potential or existing disputes without resorting to litigation. The document serves as a formal record of one party's agreement to abandon their right to pursue legal action against another, typically in exchange for some form of consideration. Under English and Welsh law, the waiver must be carefully drafted to ensure enforceability and compliance with relevant legislation. The document should clearly identify the claims being waived, contain appropriate consideration, and include any necessary reservations of rights.

What sections should be included in a Waiver Of Claim?

1. Parties: Identifies all parties involved in the waiver

2. Background: Explains the context and circumstances leading to the waiver

3. Definitions: Defines key terms used in the document

4. Subject Matter of Waiver: Clearly identifies the claim(s) being waived

5. Waiver Declaration: Formal statement of waiver and release

6. Consideration: States the consideration given for the waiver

7. Execution: Signature blocks and execution formalities

What sections are optional to include in a Waiver Of Claim?

1. Representations and Warranties: Additional assurances by parties, used when dealing with sophisticated parties or complex claims

2. Reservation of Rights: Preserves certain rights not being waived, used when only specific claims are being waived while others are preserved

3. Confidentiality: Keeps terms of waiver confidential, used when parties want to maintain privacy of the waiver terms

4. Governing Law and Jurisdiction: Specifies applicable law and courts, used when parties are in different jurisdictions or specific court jurisdiction is desired

What schedules should be included in a Waiver Of Claim?

1. Schedule of Claims: Detailed list of claims being waived

2. Supporting Documents: Relevant documentation supporting the claims being waived

3. Party Details: Additional information about parties if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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What is a Waiver Of Claim?

What sections should be included in a Waiver Of Claim?

What sections are optional to include in a Waiver Of Claim?

What schedules should be included in a Waiver Of Claim?

Authors

Alex Denne

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