Etymology
Advertisement

Words related to waiver

waive (v.)

c. 1300, "deprive of legal protection," from Anglo-French weyver "to abandon, waive" (Old French guever "to abandon, give back"), probably from a Scandinavian source akin to Old Norse veifa "to swing about," from Proto-Germanic *waif-, from PIE root *weip- "to turn, vacillate, tremble ecstatically." In Middle English legal language, used of rights, goods, or women.

If the defendant be a woman, the proceeding is called a waiver; for as women were not sworn to the law by taking the oath of allegiance in the leet (as men anciently were when of the age of twelve years and upwards), they could not properly be outlawed, but were said to be waived, i.e., derelicta, left out, or not regarded. [from section subtitled "Outlawry" in J.J.S. Wharton, "Law-Lexicon, or Dictionary of Jurisprudence," London, 1867]

By 17c. as "to relinquish, forbear to insist on or claim, defer for the present." Related: Waived; waiving.

Advertisement
disclaimer (n.)

"denial of a claim," mid-15c., from Anglo-French disclaimer "disavowal, denial," infinitive used as a noun in French (see disclaim). Compare waiver.

merger (n.)

1728 in legal sense, "extinguishment by absorption," originally of real estate titles, from merge (v.), on analogy of French infinitives used as nouns (see waiver). From 1889 in the business sense "extinguishment of a security for a debt by the creditor's acceptance of a higher security;" not common until c. 1926. General meaning "any act of merging" is by 1881.

rejoinder (n.)

mid-15c., in law, "the defendant's answer to the plaintiff's replication" (the fourth stage in the pleadings in an action at common law), from Old French noun use of rejoindre "to answer to a legal charge" (see rejoin (v.2)). For noun use of infinitive in French law terms, see waiver.

misnomer (n.)

mid-15c., in law, "an error in a name, mistaken identification of an accused or convicted person," from Anglo-French, Old French mesnomer "to misname, wrongly name," noun use of infinitive, from mes- "wrongly" (see mis- (2)) + nomer "to name," from Latin nominare "nominate" (see nominate). For noun use of French infinitives, see waiver. Meaning "act of applying a wrong name or designation" is from 1630s.

ouster (n.)

in law, "ejection from property, eviction by judicial process," 1530s, noun use of Anglo-French ouster "remove, evict" (see oust). For other such usages, see waiver. General sense of "dismissal, expulsion" is by 1961.

retainer (n.1)

[fee to secure services] mid-15c., "act of keeping for oneself, an authorized retention (of dues, etc.)," an agent noun from retain (v.), or perhaps from or influenced by French retenir, infinitive used as a noun. Meaning "a retaining fee, fee paid to an attorney or barrister to secure his services" is from 1818. The general sense of "sum paid to secure special services" is from 1859.

attainder (n.)
mid-15c., in law, "extinction of rights of a person sentenced to death or outlawry," from noun use of Old French ataindre "to touch upon; strike, hit; seize; accuse, condemn" (see attain). For use of French infinitives as nouns, especially in legal language, see waiver.
displeasure (n.)

early 15c., displesir, "a more or less intense or indignant disapproval," from Old French desplaisir, infinitive used as a noun (see displease, and compare waiver). Earlier in same sense was displesaunce (late 14c.).

remainder (n.)

late 14c., remaindre, in law, a right of ownership designed to devolve upon a second party, from Anglo-French remeinder, Old French remaindre, noun use of infinitive, a variant of Old French remanoir "to stay, dwell, remain; be left; hold out," from Latin remanere "to remain, to stay behind; be left behind; endure, abide, last" (source also of Old Spanish remaner, Italian rimanere).

This is from re- "back" (see re-) + manere "to stay, remain" (from PIE root *men- (3) "to remain"). For noun use of infinitives in Anglo-French legalese, see waiver (n.).

The general meaning "that which remains, anything left over after separation, removal, etc." is by 1550s. In mathematics from 1570s. Specifically in publication, "what remains of an edition the sale of which has practically ceased and is sold at a reduced price" (1757).