disclaimer

(redirected from Disclaimers)
Also found in: Dictionary, Thesaurus, Financial, Encyclopedia.

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 interest passes without any direction on the part of the person making the disclaimer and passes either to the decedent's spouse or to a person other than the person making the disclaimer.
As a result of the disclaimer, the interest passes either to the testator's surviving spouse or to a person other than the disclaimant without any disclaimant direction.
The IRS, however, denied the estate an increased charitable deduction, arguing that the act of challenging the estate's return and the resulting adjustment to the estate's value served as post-death, post-disclaimer contingencies that disqualified the disclaimer under Sec.
The disclaimer must be irrevocable and unconditional; it must also be written, specific, signed and delivered within a 9-month period.
The board had rarely seen change, but the 2006 elections saw the departure of three board members who were proponents of the disclaimers.
However, disclaimers of specific trust assets are permitted, if the assets are thereby removed from the trust and pass, without any direction by the disclaimant, to persons other than the disclaimant or the spouse of the decedent.
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.
Yet other legal pitfalls await the seller of goods who relies on disclaimers created in the fashion described.
The study shows that when consumers either lack trust information about an advertised brand or believe that the brand is not trustworthy, fast disclaimers undermine their purchase intention.
Disclaimers are governed by both state and federal law.
Alliances frequently add disclaimers to their marketing materials explaining the legal separateness and independence of member firms from the umbrella entity and each other.
Circuit Court of Appeals ruled in late May that it could not determine the constitutionality of Cobb County's evolution disclaimers because the record is incomplete.