disclaimern.¹

Brit.

/dɪˈskleɪmə/, U.S.

/dɪˈskleɪmər/

Forms: late Middle English discleymer, 1500s disclamer, 1500s– disclaimer, 1600s disclaymer.

Origin: Of multiple origins. Partly a borrowing from French. Partly formed within English, by derivation. Etymons: French desclamer , disclaimer ; disclaim v., -er suffix⁴.

Etymology: Originally (i) < Anglo-Norman desclamer and Law French disclaimer disavowal or repudiation of a tenancy obligation or relationship (a1293 or earlier), right to make such a claim (early 14th cent. or earlier), renunciation or denial of a legal claim or interest (1573 or earlier in Law French), use as noun of desclamer , disclaimer disclaim v.; compare -er suffix⁴. In later use also partly independently (ii) < disclaim v. + -er suffix⁴. Compare disclaim n., disclamation n.

1. Law.

a. Originally Feudal Law. A disavowal or repudiation of a tenancy obligation or relationship; esp. (in early use) one made by a vassal to a superior; (later) one made by a tenant to a landlord. Also: the action of making or right to make such a claim. Cf. disclaim v. 1.In quot. 1650 in extended use: a repudiation of another person's power over oneself.In Scots Law referred to as a disclamation (see disclamation n. 1).

ΘΚΠ

society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > denial or contradiction

thwert-ut nay1277

defence?c1400

traverse1405

disclaimc1436

disclaimerc1436

denial1728

rebutment1823

rebuttal1831

c1436 Domesday Ipswich (BL Add. 25011) in T. Twiss Black Bk. Admiralty (1873) II. 67 (MED) Ȝif [printed zif] he sey that he doo not cleyme to holde the tenement..from the afornseyd recongnisour, to that discleymer [Fr. desclamer] be he not resceyved.

c1523 J. Rastell Expos. Terminorum Legum Anglorum sig. C.1/2 Disclamer [Fr. disclame] is where y^e lorde distreynith hys tenaunt... Yf the tenaunt sey that he disclamyth to hold of hym this is callyd a disclaym and if the lord ther vppon bryng a wryt of ryght sur disclamer yf it be found agaynst the tenaunt he shal lose the land.

1579 Termes de la Ley 68 b If the tenant say that hee disclaymeth to hold of him, this is called a disclaimer.

1618 F. Pulton Coll. Statutes (1632) 269, 9 Hen. IV, c. 4 (title) Disclaimer in felony in Wales shall be vtterly excluded and put out.

1650 N. Ward Discolliminium 9 Christ..seems to judge it necessary to make a cautelous Disclaimer of the Power that requir'd it.

1767 W. Blackstone Comm. Laws Eng. (new ed.) II. 275 Equivalent..to an illegal alienation by the particular tenant, is the civil crime of disclaimer, as where a tenant, who holds of any lord, neglects to render him the due services, and, upon an action brought to recover them, disclaims to hold of his lord.

1842 Ld. Brougham Polit. Philos. I. viii. 286 Disclaiming the lord's right and the tenure under him was a cause for forfeiture. [Note] In England disclaimer; in Scotland, diclamation [sic] .

1890 Northeastern Reporter 22 71 No notice to quit is ever necessary, unless the relation of landlord and tenant exists, and a disclaimer of tenancy dispenses with such notice.

1976 S. F. C. Milsom Legal Framework Eng. Feudalism i. 30 It would be a prime case of feudal felony for which, if the disclaimer was made in Ralph's court, one would expect immediate disinheritance.

2007 K. Gray & S. F. Gray Land Law (new ed.) 180 A lease or tenancy may be terminated on disclaimer of the relationship of landlord and tenant.

b. A renunciation or denial of a legal claim or interest; a formal refusal to accept an estate, office, right, etc., typically evidenced by a deed; the action of making such a renunciation or refusal; a deed or document specifying this. Cf. disclaim v. 3a.

ΘΚΠ

society > law > legal right > withdrawal or loss of legal rights > [noun] > renunciation or surrender of right or claim

quitclaimancea1325

renunciation1399

surrender1557

quitclaim1611

disclaimer1623

waiver1628

1623 T. Powell Attourneys Acad. 13 If the defendant be called vp by sub pæna, ad Reiungendum, hauing before made no other answere, but a Demurrer or a Disclaymer, hee shall haue costs for vniust vexation.

1670 T. Blount Νομο-λεξικον: Law-dict. (at cited word) In Chancery, if a Defendant by his Answer Disclaim the having any interest in the thing in question, this is also called a Disclaimer.

1751 Attorney's Compl. Pocket-bk. (ed. 3) I. 133 (heading) Disclaimer of an Estate devised.

1809 T. E. Tomlins Jacob's Law-dict. (at cited word) There is a deed of disclaimer of executorship of a will, etc., where an executor refuses, and throws up the same.

1875 K. E. Digby Introd. Hist. Law Real Prop. x. 324 In all other cases the proper mode of refusing to accept a conveyance or devise of land..is an execution by an alienee of full capacity of a deed of disclaimer.

1955 Law Times 19 May 4/3 Nottingham Corporation would be willing to withdraw their opposition, provided that the Crown admitted that the result of the disclaimer would be that the land vested in the Crown, subject to the company's liabilities.

1984 Pacific Law Jrnl. 15 464 Chapter 17 provides that a beneficiary may disclaim all or part of an interest by filing a signed disclaimer.

2004 F. J. Antonucci & R. Whitman After Death Tax Planning (ed. 3) viii. 128 Each state's law may impose additional rules and requirements on disclaimers to be effective for state law purposes.

c. In patent law: an alteration by which a specification is amended in such a manner as to relinquish a portion of the invention, retention of which would invalidate the claim; a deed or document specifying this.

ΚΠ

1829 Rep. Cases U.S. Circuit Court, 3rd Circuit 4 703 Quære, Whether a disclaimer in the specification annexed to the grand patent of those parts, which were not the invention of the patentee, is sufficient to remove the objection to the patent?

1835 Act 5 & 6 William IV c. 83 [He] may enter a disclaimer of any part of his specification.

1879 Cassell's Techn. Educator (new ed.) IV. 102/2 (Patents) A means by which a grantee may abandon portions of the title,..this process is called a disclaimer.

1883 Act 46 & 47 Vict. (Patents Act) c. 57 §18 Amend his specification..by way of disclaimer, correction, or explanation.

1977 All Eng. Law Rep. 2 889 It would have been possible to have permitted in the proceeding an amendment to the specification by way of disclaimer.

2010 Mondaq Business Briefing (Nexis) 26 Aug. Disclaimers may be filed with the patent office by a patentee after the issuance of a patent to unilaterally renounce or disclaim those portions of the claimed invention that were inadvertently included.

2. Heraldry. A proclamation or announcement issued by a herald during a visitation (visitation n. 1c), denouncing a person for using or displaying an armorial bearing without the right to do so, or for assuming the title of gentleman, esquire, or similar without authority. Cf. disclaim v. 8. historical after the 17th cent.

ΘΚΠ

the mind > attention and judgement > contempt > disrepute > infamy or notoriety > [noun] > branding with infamy > proclamation disentitling to armorial bearings

disclaimer1666

society > communication > indication > insignia > heraldic devices collective > [noun] > armorial bearings or coat of arms > proclamation or declaration

disclaimer1666

1666 E. Ashmole Visitatio Bercheriensis Comitatus (Bodl. MS Ashmole 851) App. 319 John Collins of Betterton. Memorand, that after this disclaimer, he entred his descent.

1793 J. Dallaway Inq. Origin & Progress Sci. Heraldry v. 317 Lists of these disclaimers, with their own signatures, now appear attached to visitations preserved in the college of arms.

1854 Sir T. Phillips (title) Heralds' visitation disclaimers.

1888 J. P. Rylands Disclaimers at Heralds' Visitations x He notes the press-mark of each MS. in the College of Arms, from which he copied the list of disclaimers.

1969 J. Franklyn & J. Tanner Encycl. Dict. Heraldry 343/1 No terrible fate would befall them; they were simply asked to sign a ‘disclaimer’ which was to be displayed in the market place of the nearest town.

a. gen. A denial or disavowal of any claim, allegation, etc.In later use perhaps influence by sense 3b.

ΘΚΠ

the mind > language > statement > repudiation or refusal to acknowledge > [noun]

unknowledgea1400

disclaimc1436

disappropriation1555

abrenunciation1557

disclaiming1574

disavowry1588

disavowing1602

disclamation1606

disavowment1618

disavower1648

disavowal1660

disavowancea1716

disclaimer1748

repudiation1858

1748 S. Richardson Clarissa V. xl. 293 Vows, promises, protestations, disclaimers of purposes pursued; and all the gentle and ungentle pressures of the lover's warfare.

1790 E. Burke Refl. Revol. in France 126 I think the honour of our nation to be somewhat concerned in the disclaimer of the proceedings of this society.

1857 E. C. Gaskell Life C. Brontë I. xiv. 350 It [sc. the letter] conveys a peremptory disclaimer of the report that the writer was engaged to be married to her father's curate.

1868 M. E. Grant Duff Polit. Surv. 42 Our emphatic disclaimer of fellow feeling with the Cretan insurgents.

1937 Maclean's 15 Apr. 17/3 Davis shook his head, but the look of innocent disclaimer in his cherubic eyes didn't quite jell.

1945 E. Waugh Let. 29 Jan. (1980) 199 I am on good terms with the Bishop who believes I am a secret envoy from the Pope and laughs away all my disclaimers as modesty and guile.

1992 J. L. Esposito Islamic Threat iv. 93 Despite its initial disclaimers, the regime proved to be strongly influenced..by the National Islamic Front.

b. A statement disavowing responsibility for, or association with, something; esp. one made in order to exclude the issuer from liability; a document or clause containing such a statement. Also in extended use: a qualifying statement; a caveat.Now the most common sense in non-specialist use.

ΚΠ

1794 W. Watson Treat. Law Partnership iv. 66 Where there are several partners..the act of one shall be presumed the act of all, and is evidence against the rest, to bind the whole, unless either of them can shew a disclaimer, or refusal to be concerned.

1857 Amer. Law Reg. 5 330 There was nothing like a disclaimer of personal liability, as might have been the case if the words ‘per proc.’ had been used.

1882 A. Bain James Mill ii. 38 Mill entered with the utmost zest into the political situation, not-withstanding a disclaimer to the effect that the newspapers tell all the news except what was kept secret from everybody.

1946 Brit. Med. Jrnl. 16 Mar. 422/2 Disclaimer... My attention has been drawn to a sensationally headed and luridly worded article on schizophrenia which appeared in an English Sunday newspaper..and in which my name and address have been quoted. I wish to dissociate myself from the article in question.

1962 F. M. Rogers Quest Eastern Christians iv. 85 Lest the reader conclude that over the years I have proved myself a super-sleuth, I wish here to insert a disclaimer.

1998 Zest July 129/2 Everyone who races must also sign a disclaimer stating that they are in good health.

2009 West Briton (Nexis) 5 Nov. 8 Six bottles, from Margaux and St Emilion, are now for sale with a disclaimer saying sold as seen with no guarantee of condition.

2011 New Yorker 21 Nov. 80 One of the books I consulted..carried a disclaimer absolving the publisher of responsibility should I happen to end up in the hospital.

This entry has been updated (OED Third Edition, December 2013; most recently modified version published online June 2022).

单词	disclaimer
释义	disclaimern.¹ Brit. /dɪˈskleɪmə/, U.S. /dɪˈskleɪmər/ Forms: late Middle English discleymer, 1500s disclamer, 1500s– disclaimer, 1600s disclaymer. Origin: Of multiple origins. Partly a borrowing from French. Partly formed within English, by derivation. Etymons: French desclamer , disclaimer ; disclaim v., -er suffix⁴. Etymology: Originally (i) < Anglo-Norman desclamer and Law French disclaimer disavowal or repudiation of a tenancy obligation or relationship (a1293 or earlier), right to make such a claim (early 14th cent. or earlier), renunciation or denial of a legal claim or interest (1573 or earlier in Law French), use as noun of desclamer , disclaimer disclaim v.; compare -er suffix⁴. In later use also partly independently (ii) < disclaim v. + -er suffix⁴. Compare disclaim n., disclamation n. 1. Law. a. Originally Feudal Law. A disavowal or repudiation of a tenancy obligation or relationship; esp. (in early use) one made by a vassal to a superior; (later) one made by a tenant to a landlord. Also: the action of making or right to make such a claim. Cf. disclaim v. 1.In quot. 1650 in extended use: a repudiation of another person's power over oneself.In Scots Law referred to as a disclamation (see disclamation n. 1). ΘΚΠ society > law > administration of justice > court proceedings or procedure > pleading > [noun] > a pleading or plea > denial or contradiction thwert-ut nay1277 defence?c1400 traverse1405 disclaimc1436 disclaimerc1436 denial1728 rebutment1823 rebuttal1831 c1436 Domesday Ipswich (BL Add. 25011) in T. Twiss Black Bk. Admiralty (1873) II. 67 (MED) Ȝif [printed zif] he sey that he doo not cleyme to holde the tenement..from the afornseyd recongnisour, to that discleymer [Fr. desclamer] be he not resceyved. c1523 J. Rastell Expos. Terminorum Legum Anglorum sig. C.1/2 Disclamer [Fr. disclame] is where y^e lorde distreynith hys tenaunt... Yf the tenaunt sey that he disclamyth to hold of hym this is callyd a disclaym and if the lord ther vppon bryng a wryt of ryght sur disclamer yf it be found agaynst the tenaunt he shal lose the land. 1579 Termes de la Ley 68 b If the tenant say that hee disclaymeth to hold of him, this is called a disclaimer. 1618 F. Pulton Coll. Statutes (1632) 269, 9 Hen. IV, c. 4 (title) Disclaimer in felony in Wales shall be vtterly excluded and put out. 1650 N. Ward Discolliminium 9 Christ..seems to judge it necessary to make a cautelous Disclaimer of the Power that requir'd it. 1767 W. Blackstone Comm. Laws Eng. (new ed.) II. 275 Equivalent..to an illegal alienation by the particular tenant, is the civil crime of disclaimer, as where a tenant, who holds of any lord, neglects to render him the due services, and, upon an action brought to recover them, disclaims to hold of his lord. 1842 Ld. Brougham Polit. Philos. I. viii. 286 Disclaiming the lord's right and the tenure under him was a cause for forfeiture. [Note] In England disclaimer; in Scotland, diclamation [sic] . 1890 Northeastern Reporter 22 71 No notice to quit is ever necessary, unless the relation of landlord and tenant exists, and a disclaimer of tenancy dispenses with such notice. 1976 S. F. C. Milsom Legal Framework Eng. Feudalism i. 30 It would be a prime case of feudal felony for which, if the disclaimer was made in Ralph's court, one would expect immediate disinheritance. 2007 K. Gray & S. F. Gray Land Law (new ed.) 180 A lease or tenancy may be terminated on disclaimer of the relationship of landlord and tenant. b. A renunciation or denial of a legal claim or interest; a formal refusal to accept an estate, office, right, etc., typically evidenced by a deed; the action of making such a renunciation or refusal; a deed or document specifying this. Cf. disclaim v. 3a. ΘΚΠ society > law > legal right > withdrawal or loss of legal rights > [noun] > renunciation or surrender of right or claim quitclaimancea1325 renunciation1399 surrender1557 quitclaim1611 disclaimer1623 waiver1628 1623 T. Powell Attourneys Acad. 13 If the defendant be called vp by sub pæna, ad Reiungendum, hauing before made no other answere, but a Demurrer or a Disclaymer, hee shall haue costs for vniust vexation. 1670 T. Blount Νομο-λεξικον: Law-dict. (at cited word) In Chancery, if a Defendant by his Answer Disclaim the having any interest in the thing in question, this is also called a Disclaimer. 1751 Attorney's Compl. Pocket-bk. (ed. 3) I. 133 (heading) Disclaimer of an Estate devised. 1809 T. E. Tomlins Jacob's Law-dict. (at cited word) There is a deed of disclaimer of executorship of a will, etc., where an executor refuses, and throws up the same. 1875 K. E. Digby Introd. Hist. Law Real Prop. x. 324 In all other cases the proper mode of refusing to accept a conveyance or devise of land..is an execution by an alienee of full capacity of a deed of disclaimer. 1955 Law Times 19 May 4/3 Nottingham Corporation would be willing to withdraw their opposition, provided that the Crown admitted that the result of the disclaimer would be that the land vested in the Crown, subject to the company's liabilities. 1984 Pacific Law Jrnl. 15 464 Chapter 17 provides that a beneficiary may disclaim all or part of an interest by filing a signed disclaimer. 2004 F. J. Antonucci & R. Whitman After Death Tax Planning (ed. 3) viii. 128 Each state's law may impose additional rules and requirements on disclaimers to be effective for state law purposes. c. In patent law: an alteration by which a specification is amended in such a manner as to relinquish a portion of the invention, retention of which would invalidate the claim; a deed or document specifying this. ΚΠ 1829 Rep. Cases U.S. Circuit Court, 3rd Circuit 4 703 Quære, Whether a disclaimer in the specification annexed to the grand patent of those parts, which were not the invention of the patentee, is sufficient to remove the objection to the patent? 1835 Act 5 & 6 William IV c. 83 [He] may enter a disclaimer of any part of his specification. 1879 Cassell's Techn. Educator (new ed.) IV. 102/2 (Patents) A means by which a grantee may abandon portions of the title,..this process is called a disclaimer. 1883 Act 46 & 47 Vict. (Patents Act) c. 57 §18 Amend his specification..by way of disclaimer, correction, or explanation. 1977 All Eng. Law Rep. 2 889 It would have been possible to have permitted in the proceeding an amendment to the specification by way of disclaimer. 2010 Mondaq Business Briefing (Nexis) 26 Aug. Disclaimers may be filed with the patent office by a patentee after the issuance of a patent to unilaterally renounce or disclaim those portions of the claimed invention that were inadvertently included. 2. Heraldry. A proclamation or announcement issued by a herald during a visitation (visitation n. 1c), denouncing a person for using or displaying an armorial bearing without the right to do so, or for assuming the title of gentleman, esquire, or similar without authority. Cf. disclaim v. 8. historical after the 17th cent. ΘΚΠ the mind > attention and judgement > contempt > disrepute > infamy or notoriety > [noun] > branding with infamy > proclamation disentitling to armorial bearings disclaimer1666 society > communication > indication > insignia > heraldic devices collective > [noun] > armorial bearings or coat of arms > proclamation or declaration disclaimer1666 1666 E. Ashmole Visitatio Bercheriensis Comitatus (Bodl. MS Ashmole 851) App. 319 John Collins of Betterton. Memorand, that after this disclaimer, he entred his descent. 1793 J. Dallaway Inq. Origin & Progress Sci. Heraldry v. 317 Lists of these disclaimers, with their own signatures, now appear attached to visitations preserved in the college of arms. 1854 Sir T. Phillips (title) Heralds' visitation disclaimers. 1888 J. P. Rylands Disclaimers at Heralds' Visitations x He notes the press-mark of each MS. in the College of Arms, from which he copied the list of disclaimers. 1969 J. Franklyn & J. Tanner Encycl. Dict. Heraldry 343/1 No terrible fate would befall them; they were simply asked to sign a ‘disclaimer’ which was to be displayed in the market place of the nearest town. 3. a. gen. A denial or disavowal of any claim, allegation, etc.In later use perhaps influence by sense 3b. ΘΚΠ the mind > language > statement > repudiation or refusal to acknowledge > [noun] unknowledgea1400 disclaimc1436 disappropriation1555 abrenunciation1557 disclaiming1574 disavowry1588 disavowing1602 disclamation1606 disavowment1618 disavower1648 disavowal1660 disavowancea1716 disclaimer1748 repudiation1858 1748 S. Richardson Clarissa V. xl. 293 Vows, promises, protestations, disclaimers of purposes pursued; and all the gentle and ungentle pressures of the lover's warfare. 1790 E. Burke Refl. Revol. in France 126 I think the honour of our nation to be somewhat concerned in the disclaimer of the proceedings of this society. View more context for this quotation 1857 E. C. Gaskell Life C. Brontë I. xiv. 350 It [sc. the letter] conveys a peremptory disclaimer of the report that the writer was engaged to be married to her father's curate. 1868 M. E. Grant Duff Polit. Surv. 42 Our emphatic disclaimer of fellow feeling with the Cretan insurgents. 1937 Maclean's 15 Apr. 17/3 Davis shook his head, but the look of innocent disclaimer in his cherubic eyes didn't quite jell. 1945 E. Waugh Let. 29 Jan. (1980) 199 I am on good terms with the Bishop who believes I am a secret envoy from the Pope and laughs away all my disclaimers as modesty and guile. 1992 J. L. Esposito Islamic Threat iv. 93 Despite its initial disclaimers, the regime proved to be strongly influenced..by the National Islamic Front. b. A statement disavowing responsibility for, or association with, something; esp. one made in order to exclude the issuer from liability; a document or clause containing such a statement. Also in extended use: a qualifying statement; a caveat.Now the most common sense in non-specialist use. ΚΠ 1794 W. Watson Treat. Law Partnership iv. 66 Where there are several partners..the act of one shall be presumed the act of all, and is evidence against the rest, to bind the whole, unless either of them can shew a disclaimer, or refusal to be concerned. 1857 Amer. Law Reg. 5 330 There was nothing like a disclaimer of personal liability, as might have been the case if the words ‘per proc.’ had been used. 1882 A. Bain James Mill ii. 38 Mill entered with the utmost zest into the political situation, not-withstanding a disclaimer to the effect that the newspapers tell all the news except what was kept secret from everybody. 1946 Brit. Med. Jrnl. 16 Mar. 422/2 Disclaimer... My attention has been drawn to a sensationally headed and luridly worded article on schizophrenia which appeared in an English Sunday newspaper..and in which my name and address have been quoted. I wish to dissociate myself from the article in question. 1962 F. M. Rogers Quest Eastern Christians iv. 85 Lest the reader conclude that over the years I have proved myself a super-sleuth, I wish here to insert a disclaimer. 1998 Zest July 129/2 Everyone who races must also sign a disclaimer stating that they are in good health. 2009 West Briton (Nexis) 5 Nov. 8 Six bottles, from Margaux and St Emilion, are now for sale with a disclaimer saying sold as seen with no guarantee of condition. 2011 New Yorker 21 Nov. 80 One of the books I consulted..carried a disclaimer absolving the publisher of responsibility should I happen to end up in the hospital. This entry has been updated (OED Third Edition, December 2013; most recently modified version published online June 2022). disclaimern.² Brit. /dɪˈskleɪmə/, U.S. /dɪˈskleɪmər/ Origin: Formed within English, by derivation. Etymons: disclaim v., -er suffix¹. Etymology: < disclaim v. + -er suffix¹. Now rare. A person who disclaims something. ΘΚΠ the mind > language > statement > repudiation or refusal to acknowledge > [noun] > one who disclaimer1623 disacknowledger1665 repudiator1825 disclaimant1837 disowner1895 1623 G. Fletcher Reward of Faithfull ii. viii. 275 It is the speech of one Bartæus, a Germane disclaimer, who was better borne then taught, & more eloquent then learned. 1655 S. Hunton King of Kings Postscript 99 United in their hearts, judgments, ends, and aims for the Publike good, as are their presentments and pretences, and so were disclaimers of al self-ends. 1702 L. Echard Gen. Eccl. Hist. i. v. 117 The Multitude might have..abandon'd him as a Disclaimer of his own Sovereignty. 1753 S. Richardson Hist. Sir Charles Grandison IV. v. 41 Girls, writing of themselves on these occasions, must be disclaimers, you know. 1766 W. Bell Def. of Revelation xi. 169 A professed disclaimer of all Divine Revelation. 1800 Sun (London) 18 Feb. The Secretary at War, who was an utter disclaimer of all wanderings from the subject in debate. 1961 S. Lynn Hynes Pattern Hardy's Poetry 3. 35 In the letter Hardy reasserts his position as a disclaimer of systematic intentions. This entry has been updated (OED Third Edition, December 2013; most recently modified version published online March 2022). < n.¹c1436n.²1623
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disclaimern.1

disclaimern.2

disclaimern.¹

disclaimern.²