In message <[log in to unmask]>, at 11:12:45 on Wed,
23 Aug 2006, Tony Bowden <[log in to unmask]> writes
>On Wed, Aug 23, 2006 at 09:56:58AM +0100, Roland Perry wrote:
>> If they were ever to accuse you of acting in breach of the disclaimer,
>
>What does this actually mean anyway? A disclaimer at the end of an email
>doesn't form a contract.
>
>> There's a risk that a court would declare the disclaimer invalid as it
>> was "hidden" - but IANAL.
>
>I would say it's more likely to deem it invalid unless it could be shown
>that it was explicitly accepted by the recipient.
It's not about contracts, but attempting to clarify the concept of
"intended recipient", and what permission you might have when
unintentionally "intercepting" the communication.
Of course, I don't believe there's much doubt about who the intended
recipient is of an email sent to (eg) [log in to unmask];
that's obviously the members from time to time on the list. [So any
disclaimers attached should be ignored].
But, to what extent does a 'normal' email address unambiguously define
the intent of the sender (even if that intent was muddled by
incompetence).
Many years ago the company I was working with used to get internal Faxes
from a big-4 bank, regarding details of their customers' business.
Obviously we reported this to them immediately, even taking copies into
a local branch. Needless to say, they denied that this could be
happening, and the problem continued. Eventually we did one last push
and got them to accept that something was wrong. It turned out (as we
suspected) that somewhere a Fax machine had been wrongly programmed with
our number instead of a call centre/clearing house of theirs in the same
town.
If it had been an email address they'd got wrong, I don't think it
alters the basic principles involved; especially if the content is
clearly unintended.
--
Roland Perry
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