(1) A refusal, the denial of one’s own claim or right. (2) A clause in a contractual agreement that a party specifically states it does not claim or represent, for example, the seller may disclaim that any representations regarding fitness of the item have been made. (3) (A) 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. Section 391. If the action be one in which the demandant cannot recover damages, as formed on in the discender, the demandant or plaintiff was bound to pray judgment, 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 (B) 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. (C) 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. 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.
Law Dictionary – Alternative Legal Definition
The repudiation or renunciation of a right or claim vested in a person or which he had formerly alleged to be his. The refusal, waiver, or denial of ai; estate or right offered to a person. The disavowal, denial, or renunciation of an interest, Tight, or property imputed to a person or alleged to be.his. Also the declaration, or the instrument, by which such disclaimer is published. Moores v. Clackamas Couuty, 40 Or. 536, 67 Pac. 662.
Of estates. The act by which a party refuses to accept an estate which has been conveyed to him. Thus, a trustee is said to disclaim who releases to his fellow-trustees his estate, and relieves himself of the trust. A renunciation or a denial by a tenant of his landlord’s title, either by refusing to pay rent, 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 land or tithe. See 16 Ch. Div. 730.
In pleading. A renunciation by the defendant of all claim to the subject of the demand made by the plaintiffs bill. Coop. Eq. PI. 309; Mitf. Eq. PI. 318.
In patent law. When the title and specifications of a patent do not agree, or when part of that which it dbvers 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. Johns. Pat. 151.