Soter's, Inc. v. Deseret Federal Savings & Loan Ass'n

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing waiver to be a factually sensitive issue requiring the trial court’s exercise of discretion in applying the law to facts
• holding that there must be the “intention to relinquish” a known right
• holding that there must be the “intention to relinquish” a known right
• acknowledging that use of “and” in enumerating three requirements for proving waiver either was a “redundant rephrasing[]” or “ha[d] the inevitable effect of suggesting to the reader that each statement means a different thing or else each would not be required.”
• acknowledging that use of \and\ in enumerating three requirements for proving waiver either was a \redundant rephrasing[]\ or \ha[d] the inevitable effect of suggesting to the reader that each statement means a different thing or else each would not be required.\
• stating that waiver is “the intentional relinquishment of a known right” and that in order for waiver to occur, “there must be an existing right . . . , a knowledge of its existence, and an intention to relinquish it” (quotation simplified)

Source: CourtListener parenthetical corpus (CC0).