disclaimer


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Disclaimer

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.

disclaimer

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.

disclaimer

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

disclaimer

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 contested both the validity of the disclaimer and the amount reported as the estate's overall value.
Ninja's new disclaimer plug-in delivers functionality to include global and user-based disclaimers for all outbound email for Exchange 2000 and 2003.
He held that the disclaimer "misleads students regarding the significance and value of evolution in the scientific community for the benefit of religious alternatives.
A related video, Terms and Conditions, 2004, shows a young woman in a business suit standing amid a green and pleasant landscape talking about the "site" in phrases evidently lifted from disclaimers for websites.
The disclaimer must be near the top of an opinion in a typeface the same size or larger than the tax advice.
Anti-spam, content security, network security and messaging software provider GFI is offering its server-based Disclaimer module as freeware.
To be on the safe side, my law firm recommends the inclusion of a detailed specific disclaimer and merger clause in every contract of sale as a measure of protection to developers who want to avoid claims based on any fact, circumstance or condition outside the four corners of the contract.
Thus, if the handbook guarantees a progressive discipline system prior to termination, disclaimer language will not be sufficient to defeat a contract claim.
Four justices representing the majority decided that the Board of Accountancy could not prohibit absolutely the right of unlicensed accountants to use the "A" word, provided the unlicensed accountants used a disclaimer or caveat which the Court fashioned.
These warranties can, in most cases, be disclaimed, but absent an affirmative disclaimer, the warranties are there.
Finkel, associate professor of psychology at Northwestern University and another co-author, offers concrete recommendations for marketers: "If you're promoting a brand consumers don't know or don't trust, use a slow disclaimer.
In postmortem planning, a disclaimer is often used to qualify an interest for an estate tax deduction (e.