Defenses: Waiver

Question 1

Waiver

Answer 1

Must be couched in clear and unequivocal terms which leave no doubt as to the intention of a person to give up a right or benefit which legally pertains to him. A waiver may not casually be attributed to a person when the terms thereof do not explicitly and clearly evidence an intent to abandon a right vested in such person.

Question 2

Requisites of valid waiver

Sanico v. Colipano

Answer 2

1. Person making waiver must possess the right
2. He has capacity and power to dispose of the right
3. That the waiver must be clear and unequivocal although it may be made expressly or impliedly
   - person waiving should understand what she’s waiving and the effects
4. Waiver not contrary to law, public policy, public order, morals, good custom or prejudicial to third persons with right recognized by law

Question 3

Waiver of Gross Negligence

Sabena Airlines v. CA

Answer 3

The attendance of gross negligence holds the common carrier liable for all damages which can be reasonably attributed, although unforeseen to the non-performance of the obligation.

Question 4

Warsaw Convention General Conditions of Carriers

Answer 4

Can be invoked only when it is not attributable to any willful misconduct, bad faith, recklessness or otherwise improper conduct on the part of employees or officials