What defines an express waiver?

• A. A refusal to accept terms
• B. An explicit relinquishment of a right
• C. An implied relinquishment of a right
• D. A documented claim assessment

Answer: (B)

An express waiver is characterized by an explicit relinquishment of a right. This means that the individual clearly states their intention to give up a particular right, often in written or spoken form. For example, in contracts or agreements, a party may explicitly state that they will not enforce a certain term, thereby waiving their right to do so.

This contrasts with an implied waiver, which occurs when a person's actions or conduct suggest relinquishment of a right, even though they haven’t directly stated it. By defining an express waiver specifically as a clear and intentional act, it helps to eliminate any ambiguity regarding a party's intentions, ensuring that all parties are aware of the rights being waived.

This understanding is essential in legal contexts, as it provides clarity and protects the interests of those involved, ensuring that waivers are enforceable and recognized by courts when disputes arise. This is why the definition of express waiver as an explicit relinquishment of a right is the most accurate choice.