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What is a Disclaimer?

Updated on January 27, 2010

A disclaimer, in law, is a disavowal or renunciation, especially the refusal or rejection of an estate or a right that has been offered to a person. The term may also refer to the declaration or instrument (legal written document) by which a disclaimer is published.

A disclaimer is the act by which an individual refuses to accept an estate that has been offered to him. A trustee must disclaim, in order to be released, if he does not wish to perform the duties of his position. In the law of landlord and tenants, a disclaimer is the act of a tenant who denies that title to the estate is held by the person who claims to be the owner. At common law, this causes a forfeiture of the lease.

In patent law, a typical disclaimer is a written declaration, filed by an inventor, formally renouncing such allowed claims of his patent, or his application, as have been found to be beyond the scope of protection to which he is entitled, and hence invalid. The disclaimer normally does not affect the validity of the remaining claims. See also patents, law of.

In formal legal pleading, a disclaimer is a renunciation by the defendant of all claim to the subject of the demand that has been made by the plaintiff.


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    • Lukespook profile image

      Lucas Uren 4 years ago from Japan

      Your hub is too short...