Soter's, Inc. v. Deseret Federal Savings & Loan Association
In Soter's, Inc. v. Deseret Federal Savings & Loan Association, 857 P.2d 935, 940-42 (Utah 1993), the Court held that waiver is the intentional relinquishment of a known right.
To establish waiver, a defendant must show that the plaintiff had:
(1) an existing right;
(2) knowledge of its existence, and;
(3) an intent to relinquish the right.
"Waiver must be distinctly made, although it may be express or implied."