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May We Waive Goodbye to Juries?
Like most rights, the right to a jury trial can be waived. In general, commercial landlords disfavor jury trials, especially when the opposing party is an individual, finding the outcomes of such trials to be either too uncertain, or if consistent, consistently against the landlord's interest. The general perception is that juries tend to favor individuals in disputes against institutional parties as a way to rectify a perceived injustice that corporations and other institutions allegedly inflict on the public. Jury trials are also more costly than non-jury trials, and parties may waive their right to a jury trial to avoid the added expense.
Once a dispute has arisen, parties may waive their rights to a jury trial in anticipation of litigation. It may be at precisely this time, however, that a potential litigant realizes the benefit of a jury trial. Because of this realization, landlords frequently include jury waiver clauses in their leases. A majority of courts put strong emphasis on the predictability that fully upheld contracts provide, and, remaining ever aware of the overburdened jury system, usually uphold jury waiver clauses. Because of the fundamental nature of the right to a jury trial, however, these clauses are frequently construed strictly, and any ambiguity in either the language or the intent of the parties entering into the agreement will be resolved against enforcement of the waiver.
Recent Case Law Limiting the Effectiveness of Jury Waiver Clauses
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