Every one is able to renounce a right introduced for himself.
This maxim must be understood as applicable to the party himself having the right, and not to third parties ; for no one will be permitted to renounce a right in which others are interested, to their prejudice ; example , the waiver of notice of dishonour of a bill by one indorser will not prejudice the right to notice of the subsequent endorsers. But he may renounce a right given to him alone, whether by act of law or of parties ; as to waive his defence to a claim under plea of infancy, or the Statute of Limitations ; or to give up any private rights or privileges he may have, either for the benefit of individuals or of the public ; as by giving up his right to compel the specific performance of a contract, or to give the public a right of way over his lands. He may, however, in certain cases, refuse to take advantage of the right the law gives to him, even to the prejudice of others ; as. in the case of an executor, refusing to take advantage of the Statute of Limitations to the prejudice of the legatees.
If a promise to pay the debt of another be conditional, the promisor may waive the condition. But where, in an action on a guarantee by A to pay B the debt of on condition of a stay of proceedings by B,the guarantee to be void if satisfactory references were not given within a week by A of his ability to pay the debt ; it was held that, though B might waive the stipulation as to satisfactory references, it being a condition inserted for his benefit, yet, he could not enforce the guarantee against A until he had given him notice of the waiver.
Within this rule may be classed all cases of waiver of conditions precedent in contracts, times and modes of their performance, etc. Where the owner of a ship charters it to sail for a foreign port on a certain day to bring back a cargo, the sailing of the vessel at the time appointed may be so far of the essence of the contract as that the charterer will not be bound to provide the cargo unless the vessel sail at the appointed time ; but, though the vessel sail after the time, if the charterer ship the cargo, the time of the ship sailing is no longer of the essence of the contract, and he cannot refuse to pay the freight and fulfil his part of the agreement because the ship did not sail on the exact day specified. So, if a ship be chartered to be at a particular port, on a day certain, to take in a cargo, the charterer may not be bound by his agreement to ship a cargo and pay the freight if the ship be not ready at the place and time mentioned ; but if after the time named the cargo is shipped, this is a waiver of the condition precedent to the payment of the freight.
If a notice to quit be directed to a tenant by the wrong Christian name, or other informality, and he neglect to repudiate it, he will be deemed to have waived the irregularity. So, if a landlord receives rent due subsequently to the expiration of the notice, this is a waiver of the notice and creation of a new tenancy. Acceptance of rent accruing due after a forfeiture is a waiver of the forfeiture, if the lessor at the time of receipt of the rent had notice of breach of the condition creating the forfeiture. A defendant in an action in a court not having jurisdiction appearing and submitting to the jurisdiction, cannot afterwards object to the verdict on the ground of want of jurisdiction.