A party may waive the benefit of any condition or provision made in his behalf, no matter in what manner it may have been made or secured.

Explanation

(English-origin maxim.) A right or protection established for an individual's benefit may be voluntarily relinquished by that individual, but the waiver must be knowing and intentional — no one else can waive it on his behalf without authority.

Where this applies

• A defendant knowingly and voluntarily waives his right to a jury trial and elects a bench trial instead.
• A property owner agrees to an easement across her land, waiving her exclusive right to possession of that strip for the benefit of her neighbor.
• A plaintiff settles a personal-injury claim and signs a release, voluntarily waiving his right to pursue further damages from the accident.