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Disclaimer

Any statement intended to specify or delimit the scope of rights and obligations

For other uses, see Disclaimer (disambiguation).

For Wikipedia's disclaimers, see Category:Wikipedia disclaimers.

Disclaimers often concern public safety or business relationships, or, as shown here, may be of a personal nature. Publishing disclaimers is an attempt to provide constructive noticeto possible claimants.

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative language, the term disclaimer usually implies situations that involve some level of uncertainty, waiver, or risk.

A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public (or some other class of persons) in order to fulfill a duty of care owed to prevent unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.

Disclaimers vary in terms of their uniformity. Some may vary depending on the specific context and parties involved, while other types of disclaimers may strictly adhere to a uniform and established set of formalities that are rarely or never modified, except under official authority. Some of these formal disclaimers are required pursuant to industry regulation, qualification for protection under a safe harbor, and other situations where the exact wording of a particular clause or document may be dispositive in the event of a legal dispute. (See e.g., Product liability, Toxicity Class, Rule against perpetuities, Public Health Cigarette Smoking Act.)

The presence of a disclaimer in a legally binding agreement does not necessarily guarantee that the terms of the disclaimer will be recognized and enforced in a legal dispute. There may be other legal considerations that render a disclaimer void either in whole or part.

Tort law[edit]

Sign on bridge, warning: "Use at own risk"

In law, a disclaimer is a statement denying responsibility intended to prevent civil liability arising for particular acts or omissions. Disclaimers are frequently made to escape the effects of the torts of negligence and of occupiers' liability towards visitors. The courts may or may not give effect to the disclaimer depending on whether the law permits exclusion of liability in the particular situation and whether the acts or omissions complained of fall within the wording of the disclaimer.

A disclaimer may take effect as a term of the contract between the person making the disclaimer and the person who is thereby prevented from suing. This kind of disclaimer is, for example, invariably found in the 'terms and conditions' that a software user is confronted with when first installing the software. There will often be term(s) excluding any liability for any damage that the software might cause to the rest of the user's software and hardware. By clicking "I Agree" in the dialogue box, users are agreeing to this disclaimer as matter of contract between themselves and the software company.

Disclaimer of liability for "equine professionals" (Indiana)

At common law, disclaimers can also have effect as conditions of a license (i.e. permission) to enter land. An occupier of land will have certain duties to take care for the personal safety of people he or she allows onto the premises. By placing a sign at the entrance to the premises, such as "visitors enter at their own risk", the occupier may be able to stop entrants successfully suing in tort for damage or injury caused by the unsafe nature of the premises. Warnings or disclaimers contained in signs may, by a slightly different legal analysis leading to the same result, allow the person who would otherwise be responsible to rely on the defense of consent.

Under UK law, the validity of disclaimers is significantly limited by the Unfair Contract Terms Act By virtue of the Act, a business cannot use a contract term or a notice to exclude or restrict its liability for negligence causing death or personal injury. In the case of other loss or damage, a disclaimer will only be effective so long as it is reasonable in all the circumstances. The common law in other nations may also place legal limits on the validity of disclaimers; for instance, the Australian Competition and Consumer Commission has previously successfully sued Target Australia for the usage of inaccessible disclaimers in advertisements (the televised advertisements in question contained disclaimers that were only shown on screen for seconds).

In the United States, disclaimers on the sale of goods are covered by Article 2 of the Uniform Commercial Code, but details vary by state. Unless considered unconscionable, disclaimers are generally enforceable as part of a contract between knowledgeable parties of comparable bargaining power, but most states do not allow a party to limit their liability for gross negligence.[1]

Patent law[edit]

Main article: Disclaimer (patent)

In patent law, a disclaimer identifies, in a claim, subject-matter that is not claimed.[2] By extension, a disclaimer may also mean the action of introduction a negative limitation in a claim, i.e. "an amendment to a claim resulting in the incorporation therein of a "negative" technical feature, typically excluding from a general feature specific embodiments or areas".[3] The allowability of disclaimers is subject to particular conditions, which may vary widely from one jurisdiction to another.

A prosecution disclaimer is another type of disclaimer in patent law. Under United States patent law a prosecution disclaimer is a statement made by a patent applicant during examination of a patent application which can limit the scope of protection provided by the resulting patent. It is one type of file-wrapper estoppel, the other being prosecution history estoppel.

Estate law[edit]

Main article: Disclaimer of interest

In estate or inheritance law, a disclaimer (also called disclaimer of interest) is a written document voluntarily signed by an heir to an estate in which the said heir does not accept (disclaims) the part of the estate of a deceased person which the heir is entitled to receive. The disclaimed part of the estate is then inherited not necessarily by a person of the disclaiming heir's choice, but by the next heir in line to receive that part of the estate as if the disclaiming heir were also deceased, either according to the will, beneficiary designation, or the laws of intestacy. Government tax agencies have further rules on such disclaimers. Reasons for such disclaimers may include imminent death of the disclaimant or the fact that the disclaimant already has enough wealth.

Literature[edit]

The all persons fictitious disclaimer is a standard disclaimer used in works of fiction in an attempt to avoid liability for defamation.

In the case of fan fiction, the author will usually give a disclaimer saying that the author of the fan fiction does not, in any way, profit from the story and that all creative rights to the characters belong to their original creator(s).

See also[edit]

References[edit]

  1. ^casinobet77.asia Contractual Limitations of Liability, Warranties and Remedies, Shultis, et al, Pillsbury Winthrop Shaw Pittman LLP,
  2. ^Decision G 2/10 of the Enlarged Board of Appeal of the European Patent OfficeArchived at the Wayback Machine, August 30, , Reasons for the decision, point
  3. ^Decision G 2/10, August 30, , Reasons for the decision, point
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Meaning of disclaimer in English

High blending rates (%) of compost have been noted for some potting mixes, but explicit disclaimers or cautions, regarding testing before use, are included6,16,25,

From the Cambridge English Corpus

I think that this consideration will weigh very heavily on those who will be able to make disclaimers.
From the

Hansard archive

In this connection, can we also be informed what the present practice is with regard to disclaimers?
From the

Hansard archive

During the consultation exercise we discussed disclaimers and there were varying views on them.
From the

Hansard archive

Despite their disclaimers, their speeches tend to invite hatred and to foment fear and so lead logically and inescapably to violent action on both sides.
From the

Hansard archive

In spite of our disclaimers, we were included in the scheme.
From the

Hansard archive

The disclaimers in some have to be read to be believed.
From the

Hansard archive

The court has an involvement in certain disclaimers, largely to protect the rights of third parties.
From the

Hansard archive

Then there is the date of delivery; and disclaimers about the responsibility of agents.
From the

Hansard archive

I suspect that those disclaimers of all cautionary provisos would not have very much effect.
From the

Hansard archive

Letters giving advice are packed full of caveats and disclaimers.
From the

Hansard archive

I wish to make the usual disclaimers about the precision of the amendment's wording.
From the

Hansard archive

Traders have attempted to get around the existing law by placing disclaimers on the goods and by acknowledging that they are copies.
From the

Hansard archive

See all examples of disclaimer

These examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors.

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Whilst every effort has been made by Vodacom, and its suppliers of information, to ensure the proper performance of this website, the accuracy of the information/images and the reliability of the binary data on this website, Vodacom, its affiliated companies, suppliers, or any of their employees, Casino-on-line.com | Disclaimer, do not guarantee QuinnBet Casino No Deposit Bonus Codes availability of services, content and information offered on this website ("the Services") or the accuracy of the information and/or images on this website.

We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of this website and/or the Services and/or the information and/or images contained on this website, and the Services are thus used at your own risk. In particular we make no warranty that the Services will meet your requirements, be uninterrupted, complete, timely, secure or error free.

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Disclaimer

Any statement intended to specify or delimit the scope of rights and obligations

For other uses, see Disclaimer (disambiguation).

For Wikipedia's disclaimers, see Category:Wikipedia disclaimers.

Disclaimers often concern public safety or business relationships, or, as shown here, may be of a personal nature. Publishing disclaimers is Casino-on-line.com | Disclaimer attempt to provide constructive noticeto possible claimants.

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative language, the term disclaimer usually implies situations that involve some level of uncertainty, waiver, or risk.

A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public (or some other class of persons) in order to fulfill a duty of care owed to prevent unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.

Disclaimers vary in terms of their uniformity. Some may vary depending on the specific context and parties involved, while other types of disclaimers may strictly adhere to a uniform and established set of formalities that are rarely or never modified, except under official authority. Some of these formal disclaimers are required Casino-on-line.com | Disclaimer to industry regulation, qualification for protection under a safe harbor, and other situations where the exact wording of a particular clause or document may be dispositive in the event of a legal dispute, Casino-on-line.com | Disclaimer. (See e.g., Product liability, Toxicity Class, Rule against perpetuities, Casino-on-line.com | Disclaimer, Public Health Cigarette Smoking Act.)

The presence of a disclaimer in a legally binding agreement does not necessarily guarantee that the terms of the disclaimer will be recognized and enforced in a legal dispute. There may be other legal considerations that render a disclaimer void either in whole or part, Casino-on-line.com | Disclaimer.

Tort law[edit]

Sign on bridge, warning: "Use at own risk"

In law, a disclaimer is a statement denying responsibility intended to prevent civil liability arising for particular acts or omissions. Disclaimers are frequently made to escape the effects of the torts of negligence and of occupiers' liability towards visitors. The courts may or may not give effect to the disclaimer depending on whether the law permits exclusion of liability in the particular situation and whether the acts or omissions complained of fall within the wording of the disclaimer.

A disclaimer may take effect as a term of the contract between the person making the Casino-on-line.com | Disclaimer and the person who is thereby prevented from suing. This kind of disclaimer is, for example, invariably found in the 'terms and conditions' that a software user is confronted with when first installing the software, Casino-on-line.com | Disclaimer. There will often be term(s) excluding any liability for any damage that the software might cause to the rest of the user's software and hardware. By clicking "I Agree" in the dialogue box, users are agreeing to this disclaimer as matter of contract between themselves and the software company.

Disclaimer of liability for "equine professionals" (Indiana)

At common law, disclaimers can also have effect as conditions of a license (i.e. permission) to enter land. An occupier of land will have certain duties to take care for the personal safety of people he or she allows onto the premises. By placing a sign at the entrance to the premises, such as "visitors enter at their own risk", the occupier may be able to stop entrants successfully suing in tort for damage or injury caused by the unsafe nature of the premises. Warnings or disclaimers contained in signs may, by a slightly different legal analysis leading to the same result, allow the person who would otherwise be responsible to rely on the defense of consent.

Under UK law, the validity of disclaimers is significantly limited by the Unfair Contract Terms Act By virtue of the Act, a business cannot use a contract term or a notice to exclude or restrict its liability for negligence causing death or personal injury, Casino-on-line.com | Disclaimer. In the case of other loss or damage, a disclaimer will only be effective so long as it is reasonable in all the circumstances. The common law in other nations may also place legal limits on the validity of disclaimers; for instance, the Australian Competition and Consumer Commission has previously successfully sued Target Australia for the usage of inaccessible disclaimers in advertisements (the televised advertisements in question contained disclaimers that were only shown on screen for seconds).

In the United States, disclaimers on the sale of goods are covered by Article 2 of the Uniform Commercial Code, but details vary by state. Unless considered unconscionable, disclaimers are generally enforceable as part of a contract between knowledgeable parties of comparable bargaining power, but most states do not allow a party to limit their liability for gross negligence.[1]

Patent law[edit]

Main article: Disclaimer (patent)

In patent law, a disclaimer identifies, in a claim, subject-matter that is not claimed.[2] By extension, a disclaimer may also mean the action of introduction a negative limitation in a claim, i.e. "an amendment to a claim resulting in the incorporation therein of a "negative" technical feature, typically excluding from a general feature specific embodiments or areas".[3] The allowability of disclaimers is subject to particular conditions, which may vary widely from one jurisdiction to another.

A Casino-on-line.com | Disclaimer disclaimer is another type of disclaimer in patent law. Under United States patent law a prosecution disclaimer is a statement made by a patent applicant during examination of a patent application which can limit the scope of protection provided by the resulting patent. It is one type of file-wrapper estoppel, the other being prosecution history estoppel.

Estate law[edit]

Main article: Disclaimer of interest

In estate or inheritance law, a disclaimer (also called disclaimer of interest) is a written document voluntarily signed by an heir to an estate in which the said heir does not accept (disclaims) the part of the estate of a deceased person which the heir is entitled to receive. The disclaimed part of the estate is then inherited not necessarily by a person of the disclaiming heir's choice, but by the next heir in line to receive that part of the estate as if the disclaiming heir were also deceased, either according to the will, beneficiary designation, or the laws of intestacy. Government tax agencies have further rules on such disclaimers. Reasons for such disclaimers may include imminent death of the disclaimant or the fact that the disclaimant already has enough wealth.

Literature[edit]

The all persons fictitious disclaimer is a standard disclaimer used in works of fiction in an attempt to avoid liability for defamation.

In the case of fan fiction, Casino-on-line.com | Disclaimer, the Casino-on-line.com | Disclaimer will usually give a disclaimer saying that the author of the fan fiction does not, Casino-on-line.com | Disclaimer, in any way, profit from the story and that all creative rights to the characters belong to their original creator(s).

See also[edit]

References[edit]

  1. ^casinobet77.asia Contractual Limitations of Liability, Casino-on-line.com | Disclaimer, Warranties and Remedies, Shultis, et al, Pillsbury Winthrop Shaw Pittman LLP,
  2. ^Decision G 2/10 of the Enlarged Board of Appeal of the European Patent OfficeArchived at the Wayback Machine, August 30,Reasons for the decision, point
  3. ^Decision G 2/10, August 30,Casino-on-line.com | Disclaimer, Reasons for the decision, point
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1 comments

  1.  @MEANDYOU  anyway, I know cleaners that use rags to clean people's homes like kitchen and bathrooms and I think that's disgusting. That was my point. 🤦🏽‍♀️

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