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View Full Version : Feckin' Pseudo-Legal Disclaimers


Taildragger55
2nd Mar 2006, 10:05
After every radio advert-"terms and conditions apply", "we are regulated by", yada yada yada
At the bottom of every corporate email/fax. "this email and attachments are confidential" etc, etc, etc,
Bits of legalistic crap are appearing everywhere.
Unless I have been misinformed, none of this pseudo legal crap means anything. Adverts are "invitations to treat" and not binding anyway. So why do the morons waste our bloody time with them?
Could some of our esteemed PPrune counsels please explain?
Rant over.

got caught
2nd Mar 2006, 10:56
yeh...Lord Denning had the right idea. most of it does mean something, fixed terms of contract and all that bull-unless its to do with personal injury, then the disclaimer stuff means f.a.

What was the question?

acbus1
2nd Mar 2006, 11:21
Biggest annoyance is that when I print out an email, I get half a page email for every page of Disclaimer. Wastes paper, that does. :mad:

(unless I remember to edit the thing first)

frostbite
2nd Mar 2006, 13:41
A lot of them also include 'Not available in Northern Ireland' and some even, 'Not available in the Channel Islands'.

BillHicksRules
2nd Mar 2006, 13:48
This is right up there with the latest trend in advertising movies.

"Contains scenes of mild peril" on the poster for The Day after Tomorrow.

As a disaster movie if it does not contain scenes of significant danger to life and limb of the characters I am going to be fecking annoyed.

Every movie now seems to have these.

Where has the surprise gone?

Have we become so litigious that movie makers need to warn us about each and every movie before we see it?

Cheers

BHR

Rushton
2nd Mar 2006, 13:52
Topics that don't fit the other forums. Chill out with a joke or get stuck in a heated debate. Stay out if you are faint hearted and always blame the Americans/French/British (delete as applicable)
Now this disclaimer takes the biscuit.

eden47
2nd Mar 2006, 14:10
BHR,

Those film disclaimers are my current no.1 bugbear...although they can be amusing.......what exactly is 'Moderate Sex'? :confused:

goshdarnit
2nd Mar 2006, 14:15
It's a British thing


The opinions expressed are those of the author and in no way reflect the owners of the site

Rushton
2nd Mar 2006, 14:19
what exactly is 'Moderate Sex'?

Once a day would be my definition

GreenWings
2nd Mar 2006, 14:21
Every movie now seems to have these.
Where has the surprise gone?
Have we become so litigious that movie makers need to warn us about each and every movie before we see it?
Cheers
BHR

That's because practically every film released now is a 12A to get as much money as possible, by letting anyone from 12 years old upwards in. Under 12s have to have an adult there, and the 'moderate sex', or 'one use of a naught word that might cause offence to some people' is used to inform the parents who might be taking little 11 yr old Johnny to see it. Even though he has been using far worse in the playground since age 7.

Question: could a claim of litigation be brought against the cinema/BBFC if these warnings weren't advertised?

"warning this coffee cup may contain hot fluids":yuk:

GW

airborne_artist
2nd Mar 2006, 14:22
Contain "strong language" - eg words like concrete, RSJ, prop forward, etc :E :ok:

Onan the Clumsy
2nd Mar 2006, 14:45
Now this disclaimer takes the biscuit.

Might that bicuit contain nuts?

strafer
2nd Mar 2006, 14:53
Off the subject but - I had a post removed a couple of months ago because the moderators thought the word 'Fecking' was a swear word. Finally, they have realised that it isn't.


Thank fvck for that.

James Bond
2nd Mar 2006, 14:59
I think it was BA on a recent flight... Printed on the packet of complementary peanuts, something on the lines of...

''Salted Peanuts''... and in small print, ''may contain nuts''

No Sh1t Sherlock!! Why do they bother??

Ozzy
2nd Mar 2006, 15:01
I have to laugh at the radio ads over here where some quick tongued voice over blokey spits out the disclaimer faster than yer could spill a pint of beer. I reckon that might be a sport...

Ozzy

allan907
2nd Mar 2006, 15:05
******************* IMPORTANT - PLEASE READ ************************

Please notify us if this communication has been sent to you by
mistake. If it has been, Client Legal Privilege is not waived
or lost and you are not entitled to use it in any way.
************************************************************ *********

Well that's all right thenBTW having now used this particular waiver am I liable????

419
2nd Mar 2006, 15:19
My ex nextdoor neighbour (a solicitor), used to love going into petrol stations which had the usual disclaimer by the automatic car wash:
The management accept no liability for damage caused by this machine.
and telling the management that that disclaimer wasn't worth the paper (board?) it was written on.
For it to have any legal standing, you've got to be able to read it before you hand over your money, otherwise there are conditions being added to the contract after it's been finalised.
It never seemed to make any difference though. You still see it now.

frostbite
2nd Mar 2006, 15:56
Not a disclaimer, but I reckon those 'drink moderately/responsibly' advisories on booze adverts are a bit of a hoot.

JustaFew
2nd Mar 2006, 16:22
Doesn't moderate mean continuously for the last half hour?

Wedge
2nd Mar 2006, 17:04
No Sh1t Sherlock!! Why do they bother??

Because some individual will one day eat the contents of a packet of nuts and claim they didn't know that the bag contained real nuts, to which they have an allergy, causing them anaphylatic shock. Then they will attempt to sue BA for negligence. Of course their lawyer will get the blame for being greedy and litigious but the fact is that society gets the lawyers it deserves.

Putting a clear warning on the packet should be enough to ensure that BA do not breach their duty of care in negligence (or possibly discharge their duty altogether).

Sadly we are becoming more and more a nation of ambulance chasers and more and more we are increasingly concerned not with doing a good job but with ensuring we don't do anything for which we could be held liable in law.

"terms and conditions apply" - Not really anything to do with the fact that advertisements are 'invitations to treat' and not 'offers' in general, but general information that ensure that if a contract is entered into the terms and conditions were clearly pointed to before the contract was made, which could become important later (with particular regard to exclusion clauses).

"we are regulated by" - Don't know why they throw that one in, probably a legal requirement that where you are regulated by, for example, the FSA you need to draw the customer's attention to this.

"this email and attachments are confidential" - To draw attention to any duty of confidentiality and attempt to ensure it is not breached.

"unless its to do with personal injury, then the disclaimer stuff means f.a."

It is possible to exclude liability for death or personal injury but only in limited circumstances; it's not possible to exclude liablilty for injury on business premises, so a clause like 'we accept no liability for personal injury on these premises' will be unenforceable but you might find it in the terms and conditions anyway.

'Chuffer' Dandridge
3rd Mar 2006, 14:39
I wouldn't mind if BBC1/2/3/4 and ITV1/2/3/4 would put something along the lines of:

"Warning - the programme you are about to watch is $hite. Please go and make a cup of tea and read a book instead"

:rolleyes:

Jerricho
3rd Mar 2006, 14:44
The Red Bull "gives you wings" ads here in North America now have a voice over at the end stating "of course, it won't really give you wings". WTF!!! Like somebody is going to buy a can of the stuff, drink it and then go an launch a class action against Red Bull "cause I didn't get the wings like you said ont he ad". :rolleyes: I'll tell you something you should try to grow.......a fricken brain.

Or the car adverts you see with some shiny new vehicle being driven at a great rate of knots through snow/dirt/shit/somebody's front yard, and they feel the need to add "Do not attempt. Professional driver, closed course".

strafer
3rd Mar 2006, 14:54
That's got to be ironic Jerricho. I know you said America, but really?

Jerricho
3rd Mar 2006, 15:01
Trusies!!!!!

Some of the warnings and stuff you see for TV shows, products and alike are just nauseating. There was a KFC ad last year for Mothers Day along the lines of "What would you do without you mother". Part of the ad showed the family car being driven around with no one in the drivers seat.............with the caption below "Simulated driving sequence. Do not attempt". Double WTF with a side order of huh!?!

patdavies
5th Mar 2006, 00:07
My local had a sign in the car park.

"Vehicles parked at owner's risk"

It got taken down when one wag told the innkeeper that it could equally mean the owner of the car park

G-CPTN
5th Mar 2006, 01:09
The Red Bull "gives you wings" ads here in North America now have a voice over at the end stating "of course, it won't really give you wings". WTF!!! Like somebody is going to buy a can of the stuff, drink it and then go an launch a class action against Red Bull "cause I didn't get the wings like you said ont he ad".

Someone has (allegedly) sought action against a tobacco company, because, despite smoking 60 per day for 40 years 'Smoking kills' has failed to be effective in his case so far.

Loose rivets
5th Mar 2006, 05:13
That's funny!

Tell you what I really really hate. That is the WARNING !! Prior to watching a DVD. You can't chapter forward, you can't fast forward...you just have to go through being told that you will be fined a zillion squid and then sent to jail for the rest of your life...if you copy this crap.

I always set the thing going, then pause till I'm sat down with me dinner.

Here, ads for drugs have to state side-effects. "This drug may cause drowsiness, do not operate machinery or drive or be an airline pilot while taking this. Other side effects may be flatulence, heart burn or stoppage, knee failure, exploding eyes or imploding gall-bladder. If you have any or all of these symptoms, consult your doctor.........not your lawyer.