Tuesday, May 3, 2011

Disclaimer

Disclaimer is a plea containing an express denial or refusal.  The word is used in various senses: 1. Any act whereby a person refuses to accept an estate which is attempted to be conveyed to him; as for instance, where land is conveyed to an intended trustee without his consent, and he refuses to accept it; or where an executor, before providing the will of his testator, renounces the executor-ship.  This is called the disclaimer of an estate. 2. The renunciation, or denial by a tenant, of his landlord's title, either by refusing to pay rent, or neglecting to render him the due services, denying any obligation to pay, or by setting up a title in himself or a third person.  This is called disclaimer of tenure, and is a  ground of forfeiture of the lease or tenancy. 3. A mode of defense in equity, where the defendant renounced all claim to the subject of the demand made by plaintiff's bill, and disclaims all interest in the matters in question. 4. The refusal by the trustee in a bankruptcy to accept a burdensome lease or other onerous property of the bankrupt. 5- A renunciation by a patentee of part of his patent.

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