disclaimer

The repudiation or renunciation of a claim or power vested in a person or which he had formerly alleged to be his. The refusal, or rejection of an estate or right offered to a person. The disavowal, denial, or renunciation of an interest, right, or property imputed to a person or alleged to be his. Also the declaration, or the instrument, by which such disclaimer is published. The rejection, refusal, or renunciation of a claim, power, or property. I.R.C. No. 2518 sets forth the conditions required to avoid gift tax consequences as the result of a disclaimer.

See also refusal

- renunciation

- repudiation.

Estates.

The act by which a party refuses to accept an estate which has been conveyed to him.

Patents.

When the title and specifications of a patent do not agree, or when part 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 of either the title or the specification, and the disclaimer is then deemed to be part of the letters patent or specification, so as to render them valid for the future.

Pleading.

In common law pleading, a renunciation by the defendant of all claim to the subject of the demand made by the plaintiffs bill.

See also denial

@ qualified disclaimer

A refusal by a person to accept an interest in property. A qualified disclaimer must be in writing and must be received by the transferor not later than 9 months from the time the interest is created. Once the property is accepted and enjoyed by the individual, the property can not be disclaimed.

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Warranty.

Words or conduct which tend to negate or limit warranty in sale of goods and which in certain instances must be conspicuous and refer to specific warranty to be excluded. U.C.C. No. 2-316.

"Disclaimer of warranties" is means of controlling liability of seller by reducing number of situations in which seller can be in breach of contract terms. Collins Radio Co. of Dallas, Tex. v. Bell, Okl.App., 623 P.2d 1039, 1049.

See also warranty

@ disclaimer clause

Device used to control seller's liability by reducing number of situations in which seller can be in breach of warranty. Lecates v. Hertrich Pontiac Buick Co., Del.Super., 515 A.2d 163, 171.

See e.g. warranty (limited warranty)

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