[ Date Index ] [ Thread Index ] [ <= Previous by date / thread ] [ Next by date / thread => ]
Been reading this thread on disclaimers and much as I hate them, some
googling revealed the following comment on one web site
A) The question of the effect of disclaimers is vexed. The first
question is whether the disclaimer, being unilateral i.e. the recipient
does nothing to signify acceptance of the disclaimer is legally
effective. Leaving this fundamental issue to one side, it is fair to say
that the chances of such efficacy are almost certainly enhanced if any
one or more of the following factors comes into play:-
i. the disclaimer appears at the top rather than the bottom of the
email. In this way, the email comes to the attention of the
recipient before he/she has read the contents of the email so that
in the same way as a fax front sheet disclaimer, the recipient can
make an informed decision whether to proceed to read the contents.
ii. if the recipient has had previous correspondence with the
sender of the email, the recipient may be taken to have digested the
contents of previous email disclaimers and it would be reasonable to
conclude that he/she received the email with full notice of the
standard disclaimer and could have refused to continue the
correspondence exchange should he/she have been unwilling to accept
the terms of such disclaimer.
iii. the actual contents of the disclaimer are important. It
must cover the various areas of potential liability in such a manner
as to satisfy the relevant guidelines which have arisen from recent
caselaw and, also, statute, such as the Unfair Contract Terms Act.
see http://www.weblaw.co.uk/art_faqs.php for more
Please note that this is ONE solicitors opinion on UK law
--
Henry
Sun Nov 5 06:32:41 GMT 2006
Attachment:
signature.asc
Description: Digital signature
-- The Mailing List for the Devon & Cornwall LUG http://mailman.dclug.org.uk/listinfo/list FAQ: http://www.dcglug.org.uk/linux_adm/list-faq.html