The Law Dictionary

Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

DISCLAIMER Definition & Legal Meaning

Definition & Citations:

The repudiation or renunciation of a right or claim vested in a personor which he had formerly alleged to be his. The refusal, waiver, or denial of an estate orright offered to a person. The disavowal, denial, or renunciation of an Interest, right, orproperty imputed to a person or alleged to be his. Also the declaration, or theinstrument, by which such disclaimer is published. Moores v. Clackamas County, 40 Or.536, 67 Pac. 662.Of estates. The act by which a party refuses to accept an estate which has beenconveyed to him. Thus, a trustee is said to disclaim who releases to his fellow-trusteeshis estate, and relieves himself of the trust. Watson v. Watson, 13 Conn. 85; KentuckyUnion Co. v. Cornett, 112 Ky. 677, 66 S. W. 728.A renunciation or a denial by a tenant of his landlord’s title, either by refusing to payrent, denying any obligation to pay, or by setting up a title in himself or a third person,and this is a distinct ground of forfeiture of the lease or other tenancy, whether of landor tithe. See 16 Ch. Div. 730.In pleading. A renunciation by the defendant of all claim to the subject of the demandmade by the plaintiff’s bill. Coop. Eq. PI. 300; Mitf. Eq. PI. 318.In patent law. When the title and specifications of a patent do not agree, or whenpart of that which it covers is not strictly patentable, because neither new nor useful,the patentee is empowered, with leave of the court to enter a disclaimer of any part ofeither the title or the specification, and the disclaimer is then deemed to be part of theletters patent or specification, so as to render them valid for the future. Johns. Pat. 151.


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