Disclaimer
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
The repudiation or re nunciation of a right or claim vested in a person or which he hail formerly alleged to ba his. The refusal, waiver, or denial of anesfate or right offered toa 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 pullished. Of estates. The act by which a party refuses to accept an estate which haz been conyeyed to him. Thus, a trustce is said to disclaim who releases to his fellow-trustees his estate, and relieves himself of the trust.
1 Hil. Real Prop. 354; 13 Conn. 83.
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. Diy. 730.
In pleading. A renunciation by the defendant of all claim to the subject of the demand made by the plaintiff's bill.
Coop. Eq. Pi. 309; Mitf. Eq. Pl. 318.
In patent law. When thetitleand 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, 30 as to render them valid for the future.
Johns. Pat. 151.