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Henry Bremridge wrote: > > 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 As a non-lawyer, I'd note that a contract needs to be accepted, so most of the "legalese" in email disclaimers is completely pointless, as one can choose not to accept it. One shouldn't leave fundamental issues aside, especially in law. This leaves the things one can "unilaterally" declare, like "this is not necessarily a company opinion", which whilst it may be true, if it relates to your companies behaviour, and is written by an employee on company time, is almost certainly going to be trumped by common sense whenever it matters. I doubt placing a disclaimer at the top carries any more weight, the law doesn't want to argue over the functionality of a scroll bar. If you require confidentially from a recipient, you should agree that before sending them confidential information, not afterwards in the courts, when it has already appeared on Boing Boing / Slashdot or CNN.
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