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DISCLAIMER

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Originally appearing in Volume V08, Page 312 of the 1911 Encyclopedia Britannica.
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DISCLAIMER , a renunciation, denial or refusal; a disavowal of claims. In See also:

law the See also:term is used more particularly in the following senses:—(x) In the law of landlord and See also:tenant, the See also:direct repudiation of that relation by some See also:act on the See also:part of the tenant. A disclaimer may be verbal or written, but in such See also:case it must be something more than a See also:mere renunciation of the tenant's See also:title, or it may be an act which is wholly inconsistent with the existence of such relation, as the setting up by the tenant of a distinct title either in himself or some third party. (2) In the law of See also:bankruptcy, where any part of the See also:property of a bankrupt consists of See also:land of any See also:tenure burdened with onerous covenants, of See also:stocks or shares in companies, of unprofitable contracts, or of any property that is unsaleable, or not readily saleable, by See also:reason of its binding the possessor to the performance of any onerous act, the trustee, notwithstanding that he has endeavoured to sell or has taken See also:possession of the property, or exercised any act of ownership in relation to it, may, subject to certain provisions, by See also:writing signed by him, at any See also:time within twelve months after the first See also:appointment of a trustee, " disclaim " the property (see BANKRUPTCY). (3) In the law of See also:trusts, disclaimer is the refusal or renunciation of the See also:office or duties of a trustee. It is an undisputed See also:rule that no one is compellable to undertake a See also:trust, so that as soon as a See also:person knows he has been appointed a trustee under some See also:instrument, he should determine whether he will accept the office or not. Disclaimer of trust should be by See also:deed, as admitting of no See also:ambiguity, but it may be by See also:conveyance to other accepting trustees, or orally, or by written See also:declaration, or even by conduct. (4) In the law of See also:patents, disclaimer is the renunciation, by See also:amendment of specifications, of the portion of an inventor's claim to See also:protection.

End of Article: DISCLAIMER

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