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 ?
At issue for the appellate court was: whether the statutory disclaimer requirement violated Hutchinson's free-speech rights; whether Lewison's complaint was timely; and whether substantial evidence support the determination that Hutchinson violated the statute requiring a disclaimer on his signs.
We write to express concern regarding the Commissions delay in issuing a final rule regarding disclaimer requirements for online political advertisements, and to request clarification regarding the application of current laws and regulations on digital political advertisements.
2518(b) lists the requirements to properly execute a qualified disclaimer:
To say to the investor in the disclaimer that advisors are sometimes fiduciaries and, by the way, Cycaveat emptor,' because there are "important differences between brokerage and investment advisory services."
* No interest or benefit in the transferred property have been accepted prior to the disclaimer, and
One way parties attempt to protect against this possibility is by including a disclaimer of reliance, in which the parties confirm they are not relying upon anything not in the agreement itself.
The disclaimer on a Daytona ticket says: "The holder of this ticket expressly assumes all risk incident to the event, whether occurring prior to, during or subsequent to the actual event, and agrees that all participants, sanctioning bodies, and all employees, agents, officers, and directors of Daytona International Speedway, its affiliates and subsidiaries, are hereby released from any and all claims arising from the event, including claims of negligence."
The amended notification retains the provision for antitobacco health spots and calls for an audio- visual disclaimer on the ill- effects of tobacco use, with a duration of at least 20 seconds, to be displayed with films containing smoking scenes.
The lawyer or law firm must provide the same disclaimers to the recipient imposed by this rule.
In particular, with respect to charitable deductions, the court concluded that Congress's clear policy in allowing these deductions is to encourage charitable donations and that allowing fixed dollar amount partial disclaimers furthers this policy.
The use of disclaimers in estate planning can often result in obtaining greater flexibility by providing the opportunity for post mortem decisions when more facts are likely to be available regarding assets, taxes, and beneficiaries.
Perversely, this is despite the mis-use of email disclaimers by so many businesses, which so often can leave the recipient in a boiling rage.