too narrow Archives

Failing Waiver Language: Too Broad and Too Narrow

March 13, 2012

By Doyice Cotten

Waivers may fail for a number of reasons. Over the last several years it seems that there is a rash of failures because the waiver was 1) too narrowly constructed, 2), overly broad or 3) did not specifically name a party seeking protection.

Don’t Make Your Waiver Too Narrow!

November 16, 2010

Doyice Cotten

Waivers fail for many reasons, but the most common reason for failure is that they are poorly written. Often ambiguity is the major culprit, but in a recent California case one might conclude the waiver failed because it was NOT ambiguous.