Duhaime's Law Dictionary

Disclaimer Definition:

A renunciation or refusal of rights or liability which might otherwise fall upon the person.

Related Terms: Warranty

In Re Lister, Justice Sargant wrote:

"The words disclaim and disclaimer ... connote a renunciation of, or refusal to claim, rights or property which would automatically devolve on or accrue to the person making the disclaimer."

A manufacturer, vendor or service provider may present a disclaimer to a consumer which purports to limit the merchant's liability.

In Purolator v UPS, Justice Lederman wrote:

"A disclaimer does not automatically nullify a misleading impression created by an ad. Its effect will depend on several factors, including the degree to which a representation misleads the public without the disclaimer, the pre-eminence which it is given in the context of the entire advertisement, the degree of sophistication that the public to whom the advertisement is directed exhibits, and the likelihood that the audience would recognize the disclaimer. It is a question of fact whether, in the circumstances, a disclaimer is sufficient to ensure that the representation is not otherwise misleading."


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