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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
Unintentional defamation occurs where a work of fiction contains a character that coincidentally shares a name or other recognizable characteristics with a real person, such that the real person is defamed by the depiction.Donal Nolan, Mark Lunney, Ken Oliphant, Lunney & Oliphant's Tort Law: Text and Materials' (2023), p. 727-28. A famous early case in the field, ''E. Hutton & Co. v. Jones'' (1910), was successfully brought by a person named Artemus Jones who sued a newspaper that had published a story about a fictional Artemus Jones. In order to minimize the risk of unintentional defamation, producers of film, television, and radio programs will engage in a process of negative checking to ensure that the names of fictional characters cannot be confused with real life people, and will post a fictitious persons disclaimer stating that the characters portrayed in it are fictional, and not based on real persons. Negative checking Negative checking is a process by which producers of ... [...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 ... [...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 a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Against Perpetuities
The rule against perpetuities is a legal rule in common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a "life in being plus twenty-one years". In essence, the rule prevents a person from putting qualifications and criteria in a deed or a will that would continue to affect the ownership of property long after he or she has died, a concept often referred to as control by the "dead hand" or "'' mortmain''". The basic elements of the rule against perpetuities originated in England in the 17th century and were "crystallized" into a sin ... [...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 reje ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977 (c. 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 recomme ... [...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] |
Fan Fiction
Fan fiction or fanfiction, also known as fan fic, fanfic, fic or FF, is fiction typically written in an amateur capacity by fans as a form of fan labor, 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 and can retain the original characters and settings, add their own, or both. Fan fiction ranges in length from a few sentences to novel-length and can be based on fictional and non-fictional media, including novels, movies, comics, television shows, musical groups, cartoons, anime and manga, and video games. Fan fiction is rarely commissioned or authorized by the original work's creator or publisher or 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" (see Legal issues with fan fiction). The ... [...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 from 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. History 1623. England adopts Statute of Monopolies, which has been acknowledged as a legal predecessor of the US patent law. 1789. U.S. Constitution in Article I, Section 8, Clause 8 authorizes Congress "to promote the Progress of . . . useful Arts, by securing for limited Times to . . . Inventors the exclusive Right to their . . . Discoveries." It is believed that, unlike most parts of the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inheritance
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" ( heiress) is a person who is entitled to receive a share of property from a decedent (a person who died), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estate (law)
In common law, an estate is a living or deceased person's net worth. It is the sum of a person's assets – the legal rights, interests, and entitlements to property of any kind – less all liabilities at a given 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 their financial life. In the United States, asset exemptions depend on various factors, inclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
