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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
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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 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
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(2) In the law of bankruptcy, where any part of the See also: property of a bankrupt consists of See also: land of any 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 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 possession of the property, or exercised any act of ownership in relation to it, may, subject to certain provisions, by 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)
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(3) In the law of See also: trusts, disclaimer is the refusal or renunciation of the office or duties of a trustee
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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 instrument, he should determine whether he will accept the office or not
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Disclaimer of trust should be by deed, as admitting of no ambiguity, but it may be by See also: conveyance to other accepting trustees, or orally, or by written declaration, or even by conduct
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(4) In the law of See also: patents, disclaimer is the renunciation, by amendment of specifications, of the portion of an inventor's claim to See also: protection
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