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The denial, refusal, or rejection of a right, power, or responsibility.

A disclaimer is a defensive measure, used generally with the purpose of protection from unwanted claims or liability. A restaurant may disclaim responsibility for loss or damage to a customer's Personal Property, or a disclaimer clause in a contract might set forth certain promises and deny all other promises or responsibilities.

A disclaimer of Warranty, which is provided for in the Uniform Commercial Code, limits a warranty in the sale of goods. It may be general or specific in its terms.


n. 1) denial or renunciation by someone of his/her title to property. 2) denial of responsibility for another's claim, such as an insurance company's refusal to admit coverage under an insurance policy. 3) statement of non-responsibility, as is made when dissolving a partnership or business.


noun abandonment, abjuration, annulment, denial, disaffirmation, disallowance, disclamation, disownment, dissociation, negation, nullification, recantation, refusal, rejection, relinquishment, renouncement, renunciation, repudiation, revocation
Associated concepts: disclaimer of interest, disclaimer of knowledge, disclaimer of liability, disclaimer of title, disslaimer of warranties, innocent bystanders, liability to third parties, third parties
See also: abjuration, declination, denial, dissent, negation, refusal, renunciation, repudiation, rescision


a renunciation, refusal or denial, especially where a person wishes to renounce a benefit under a will or under the intestacy rules, or where a person entitled to take out a grant of probate does not wish to act. The phrase is also used where a party seeks to exclude or limit liability that would otherwise attach to him. This may appear on a letter giving advice or on a notice on a wall. Such notices are controlled by legislation. It is also used more loosely in the context of trade descriptions to counteract an apparently misleading indication. To have this effect the disclaimer must be as bold, clear and compelling as the description itself

DISCLAIMER. This word signifies. to abandon, to renounce; also the act by which the renunciation is made. For example, a disclaimer is the act by which a patentee renounces a part of his title of invention,
     2. In real actions, a disclaimer of the tenancy or title is frequently added to the plea of non tenure. Litt. Sec. 391. If the action be one in which the demandant cannot recover damages, as formedon in the discender, the demandant or plaintiff was bound to pray judgment, &c., and enter, for thereby, he has the effect of his suit, et frustra fit per plura quod fieri potest per pauciora. But, if the demandant can recover damages and is unwilling to waive them, he should answer the disclaimer by averring that the defendant is tenant of the land, or claims to be such as the writ supposes, and proceed to try the question, otherwise he would lose his damages. The same course may be pursued in the action of ejectment, although in Pennsylvania, the formality of such a replication to the disclaimer is dispensed with, and the fact is tried without it. 5 Watts, 70; 3 Barr, 367. Yet, if the plaintiff is willing to waive his claim for damages, there is no reason why he may not ask for judgment upon the disclaimer without trial, for thereby he has the effect of his suit. Et frustra fit per plura, &c.

DISCLAIMER, chancery pleading. The renunciation of the defendant to all claims to the subject of the demand made by the plaintiff's bill.
     2. A disclaimer is distinct in substance from an answer, though sometimes confounded with it, but it seldom can be put in without an answer for if the defendant has been made a party by mistake, having had an interest which be has parted with, the plaintiff may require an answer sufficient to ascertain whether that is the fact or not. Mitf. Pl. 11, 14, 253; Coop. Eq. Pl. 309; Story, Eq. Pl. c. 17, Sec. 838 to 844; 4 Bouv. Inst. n. 4211-14.

DISCLAIMER, estates. The act of a party by which be refuses to accept of an estate which has been conveyed to him. Vide Assent; Dissent.
     2. It is said, that a disclaimer of a freehold estate must be in a court of record, because a freehold shall not be divested by bare words, in pais. Cruise, Dig. tit. 32, c. 2 6, s. 1, 2.
     3. A disclaimer of tenancy is the act of a person in possession, who denies holding the estate from the person claiming to be the owner of it. 2 Nev. & M. 672. Vide 8 Vin.. Ab. 501; Coote, L. & T. 348, 375; F. N. B. 179 k; Bull. N. P. 96; 16 East, R. 99; 1 Man. & Gran. 135; S. C. 39 Eng. C. L. Rep. 380, 385; 10 B. & Cr. 816; ow, N. P. Cas. 180; 2 Nov. & Man. 673; 1 C. M. & R. 398 Co. Litt. 102, a.

References in periodicals archive ?
The IRS ruled that the disclaimers would be "qualified" under Sec.
Planning hints: These letter rulings indicate that the IRS now clearly recognizes that qualified disclaimers can be made with respect to a survivorship interest in a jofnt tenancy.
Recently, Letter Rulings 200518012 and 200519042 held that disclaimers were qualified, despite the fact that the disclaimant maintained a role with respect to private foundations that received the disclaimed property.
Religious Right groups have pressured educators in many states to adopt the disclaimers.
Under the regulations, if a qualified disclaimer results in the surviving spouse becoming entitled to the disclaimed property, the property is treated as passing from the decedent to the surviving spouse for purposes of the marital deduction.
More than nine months after the decedent's death, the sister transferred all of the assets to the order, but did not execute a disclaimer.
Neither side was entirely pleased with the new disclaimer.
Disclaimers also are critical in engagements that do not involve financial statement preparation.
As a result, post-death disclaimers may be used more frequently to achieve desired outcomes.
They noted that undermining evolution through disclaimers and other mechanisms is the chief strategy of creationists these days, since the drive to have religious doctrine taught alongside evolution has been rejected by the courts.
The estate argues that a handwritten, unsigned schedule of assets and the probate inventory are qualified disclaimers.
The disclaimers were put on hold after Oklahoma Attorney General Drew Edmonson ruled that the textbook committee has no authority to order them.