How have courts interpreted "implied" waiver provisions?
MultiRegion, United States of America
The following excerpt is from Royal Air Properties, Inc. v. Smith, 333 F.2d 568 (9th Cir. 1964):
11 See Brown v. City of Pittsburgh, 409 Pa. 357, 186 A.2d 399 (1962), which holds that "implied", as opposed to express, waiver will not be found unless the other party is mislead to his prejudice in reliance on the supposed waiver. This is closely akin to an estoppel.
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