Texas All Lines Adjuster Practice Test

Which type of waiver is characterized by an explicit relinquishment of a right?

1. Implied waiver

2. Express waiver

3. Automatic waiver

4. Conditional waiver

The correct answer is: Express waiver

An express waiver is characterized by an explicit relinquishment of a right. This type of waiver is typically clear and unequivocal, meaning the party waiving their right does so intentionally and communicates this decision explicitly. For example, if someone signs a document stating they are waiving their right to a certain benefit or privilege, that action manifests an express waiver. In contrast, implied waivers are inferred from a party's actions or conduct rather than being directly stated. Automatic waivers do not require the express intent of the party and may occur under specific legal circumstances. Conditional waivers depend on certain conditions being met before the waiver takes effect. Thus, express waivers stand out because they involve a definite decision communicated clearly, leaving no ambiguity regarding the relinquishment of the right.