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.
And, in general, AFAIK, terms that aren't made known until after you
enter a contract mostly don't apply (e.g. terms written on the back of
a ticket that you can't see until after you've already paid for it).
It's not like people check in advance: I'm going to send you an email
with the following terms; are you willing to abide by them?
(And then of course there's the issue that a bare promise generally
isn't enforcable in English law without consideration)
Tony
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