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Disclaimers
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] |
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] |
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] |
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] |
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] |
Patent Prosecution
Patent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent. Broadly, patent prosecution can be split into pre-grant prosecution, which involves arguing before, and sometimes negotiation with, a patent office for the grant of a patent, and post-grant prosecution, which involves issues such as post-grant amendment and opposition. Patent prosecution is distinct from patent litigation, which describes legal action relating to the infringement of patents. The rules and laws governing patent prosecution are often laid out in manuals released by the Patent Offices of various governments, such as the Manual of Patent Examining Procedure (MPEP) in the United States, or the Manual of Patent Office Practice (MOPOP) in Canada. Pre-grant prosecution Preparation of an application To obtain patent rights for an inventor, the practitioner typically first drafts an application by inte ... [...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] |
Intestacy
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Will (law)
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heir
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only in s ... [...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] |
Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estate (law)
An estate, in common law, is the net worth of a person at any point in time, alive or dead. It is the sum of a person's assets – legal rights, interests and entitlements to property of any kind – less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person. (See inheritance.) Depending on the particular context, the term is also used in reference to an estate in land or of a particular kind of property (such as real estate or personal estate). The term is also used to refer to the sum of a person's assets only. The equivalent in civil law legal systems is patrimony. Bankruptcy Under United States bankruptcy law, a person's estate consists of all assets or property of any kind available for distribution to creditors. However, some assets are recognized as exempt to allow a person significant resources to restart his or her financial life. In the United States, asset exemptions depend on various ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
