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Disclaimer
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 pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All Persons Fictitious Disclaimer
An "all persons fictitious" disclaimer in a work of media states that the persons portrayed in it are not based on real people. This is done mostly on realistic films and television programs to reduce the possibility of legal action for libel from any person who believes that they have been defamed by their portrayal in the work, whether portrayed under their real name or a different name. The wording of this disclaimer varies, and differs from jurisdiction to jurisdiction, as does its legal effectiveness. The disclaimer for American studio films and television series is routinely included among disclaimers on other topics, such as copyright, animal welfare, adult content and promotion of tobacco use, such as: * This motion picture is protected under the copyright laws of the United States and other countries throughout the world. Country of first publication: United States of America. Any unauthorized exhibition, distribution, or copying of this film or any part thereof (includi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Email Disclaimer
An email disclaimer is a disclaimer, notice or warning which is added to an outgoing email and forms a distinct section which is separate from the main message. The reasons for adding such a disclaimer include confidentiality, copyright, contract formation, defamation, discrimination, harassment, privilege and viruses. Issues frequently dealt with in email disclaimers Confidentiality A disclaimer may be added to mitigate the risk that a confidential email may be forwarded to a third-party recipient. Organizations may use the disclaimer to warn such recipients that they are not authorised recipients and to ask that they delete the email. The legal force and standing of such warnings is not well-established. Contract A disclaimer may state that the email does not form a contract. This may not be effective as the substantive body of the email may contradict and override this. In the case of ''Baillie Estates Limited against Du Pont (UK) Limited'', which was heard in the Outer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disclaimer Of Interest
In the law of inheritance, wills and trusts, a disclaimer of interest (also called a renunciation) is an attempt by a person to renounce their legal right to benefit from an inheritance (either under a will or through intestacy) or through a trust. "If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property."John H. Langbein, Thomas P. Gallanis, Lawrence W. Waggoner, ''Uniform Trust and Estate Statutes'' (2010), p. 201. There are a number of reasons why a person might wish to avoid an inheritance, particularly if the proceeds would only go to their creditors, or if it would drastically affect their income tax liabilities. Under the common law, a person who disclaimed their interest would be treated as though they had died before the trust or will came into effect. This was a sensible option if the disclaiming party was an heir by descent, whose own children would then take in his place and without the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecution Disclaimer
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. In practice Whenever an applicant makes a clear and unambiguous argument that a claim does not cover a certain feature, this argument becomes binding on the applicant and the applicant cannot later argue in court that the claim would cover such a feature. Coverage of that feature is considered "disclaimed" by the applicant and cannot be recovered. The scope of the resulting patent is narrower than it might be if the applicant had said nothing. Prosecution disclaimer ensures that an applicant cannot obtain a patent by arguing that its claimed invention is narrow, and then turn around and enforce that patent against competitors with an argument that it is broader. Historical basis and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandatory Disclaimer
Mandatory disclaimers are government-mandated messages that describe what a product is not or does not do that sellers must include in their advertising. In the United States, mandatory messages first appeared after the passage of the Federal Caustic Poisons Act (FCPA) of 1927, a law that ordered sellers of poisons to provide warning labels on their bottles. Prior to the passage of the FCPA, some sellers would use unusually shaped or colored bottles to signify the presence of a dangerous substance. After the Act, manufacturers mostly used plain bottles and displayed warning labels on them. The agency responsible for enforcing the regulations of the FCPA was the Food and Drug Administration (FDA). Today, the FDA is the main body responsible for mandating disclaimers in the United States. Mandatory disclaimers are still used widely in the U.S. The imposition of mandatory disclaimers is an exception to the First Amendment First or 1st is the ordinal form of the number one (#1). F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
E&OE
"Errors and omissions excepted" (E&OE) is a phrase used in an attempt to reduce legal liability for potentially incorrect or incomplete information supplied in a contractually related document such as a quotation or specification. It is often applied as a disclaimer in situations in which the information to which it is applied is relatively fast-moving. In legal term {{Short pages monitor [Baidu] |
Fan Fiction
Fan fiction or fanfiction (also abbreviated to fan fic, fanfic, fic or FF) is fictional writing written in an amateur capacity by fans, unauthorized by, but based on an existing work of fiction. The author uses copyrighted characters, settings, or other intellectual properties from the original creator(s) as a basis for their writing. Fan fiction ranges from a couple of sentences to an entire novel, and fans can retain the creator's characters and settings and/or add their own. It is a form of fan labor. Fan fiction can be based on any fictional (and occasional non-fictional) subject. Common bases for fan fiction include novels, movies, musical groups, cartoons, anime, manga, and video games. Fan fiction is rarely commissioned or authorized by the original work's creator or publisher and is rarely professionally published. It may infringe on the original author's copyright, depending on the jurisdiction and on legal questions such as whether or not it qualifies as "fair use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecution History Estoppel
Prosecution history estoppel, also known as file-wrapper estoppel, is a term used to indicate that a person who has filed a patent application, and then makes narrowing amendments to the application to accommodate the patent law, may be precluded from invoking the doctrine of equivalents to broaden the scope of their claims to cover subject matter ceded by the amendments. Although primarily a U.S. term, questions of whether, or the extent to which the prosecution history should be relevant for determining the extent of protection of a patent also arise outside the U.S. Canada On December 13, 2018, new section 53.1 of the Patent Act makes prosecution history evidence admissible before the Court for the purposes of claim construction. Patents in Canada are subject to a purposive construction, which relies on reading both the claims and the specifications to determine the scope of a patent, and extrinsic evidence is not permitted. Therefore, the Canadian courts emphatically reje ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
File-wrapper Estoppel
Prosecution history estoppel, also known as file-wrapper estoppel, is a term used to indicate that a person who has filed a patent application, and then makes narrowing amendments to the application to accommodate the patent law, may be precluded from invoking the doctrine of equivalents to broaden the scope of their claims to cover subject matter ceded by the amendments. Although primarily a U.S. term, questions of whether, or the extent to which the prosecution history should be relevant for determining the extent of protection of a patent also arise outside the U.S. Canada On December 13, 2018, new section 53.1 of the Patent Act makes prosecution history evidence admissible before the Court for the purposes of claim construction. Patents in Canada are subject to a purposive construction, which relies on reading both the claims and the specifications to determine the scope of a patent, and extrinsic evidence is not permitted. Therefore, the Canadian courts emphatically rejec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. United States patent law is codified in Title 35 of the United States Code, and authorized by the U.S. Constitution, in Article One, section 8, clause 8, which states: Patent law is designed to encourage inventors to disclose their new technology to the world by offering the incentive of a limited-time monopoly on the technology. For U.S. utility patents, this limited-time term of patent i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977c 50 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation. The Act renders terms excluding or limiting liability ineffective or subject to reasonableness, depending on the nature of the obligation purported to be excluded and whether the party purporting to exclude or limit business liability, acting against a ''consumer''. It is normally used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999 (Statutory Instrument 1999 No. 2083), as well as the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The Law Commission and the Scottish Law Commission have recommended that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
