what is a LEGAL DISCLAIMER ?

Answer 1

A "disclaimer" is a statement that says someone is not at fault, or cannot be blamed for what happened.

The term "legal disclaimer" is used on contracts and warranties to limit the liability of one party.

For example. Say you are selling a car. You put in the contract "The car is being sold AS-IS and the buyer accepts all risk that the car may have mechanical problems". That is a disclaimer that says you are not making a warranty for the car, and that you cannot be sued if the car doesn't work.

Answer 2

A legal disclaimer is there one party seeks to exclude or limit their liability to another.

The main legislation covering disclaimers in the UK is the "Unfair Contract Terms Act 1977" (UCTA). Although the wording of the act appears to be for contracts it actually concerns exclusion clauses.

Under the act any attempt to exclude liability for death of personal injury is void. All other exclusion clauses are subject to the test of "reasonableness".

Therefore, if I enter a building and a sign says "enter at own risk" or "we exclude ourselves from personal injury howsoever caused" are void.

A good example of an exclusion of liability clause is on a bus or train when people leave goods and a sign says "Passengers leave goods at their own risk". Or they may seek to limit it to a sum - e.g. £50.

In the case of Hedley Byrne -v- Heller & Partners a bank gave a reference concerning an advertising company. Basically it stated that the company was financially sound. The bank made an error in that the statements were wrong. The company who sought reliance on the statement sued and lost. The bank had a disclaimer of responsibility. However, that was in 1963. If the case went to court today the defendants would be liable under UCTA 1977.

A disclaimer can be incorporated into a contract. In English law the courts have what is known as the "Contra proferentem rule". This means that disclaimers are construed strictly against a party seeking reliance on it. In a famous case where someone left their car in a garage for repair the building was burnt down (cannot remember the name at the moment!). The clause stated something like "...we exclude ourselves from theft, negligence, water damage...". However, because the clause did not include damage by fire the defendants were liable! Strict rule isn't it?

Hope that helps a little!

Answer 3

They ABSOLUTELY can still arrest you. This "disclaimer" is of ZERO legal affect and will provide NO defense to an escort charged with solicitation. There is a common misconception that police officers cannot lie to you. This is flat out wrong. Even if an undercover police officer is directly asked whether or not he/she is a cop, they can lie to you and say no with no legal consequences. An entrapment defense to criminal conduct is a VERY limited defense. The defense only exists where (1) the criminal design ORIGINATED with the government, and (2) the defendant is NOT PREDISPOSED to commit the crime charged. The burden is usually on the defendant to prove these two elements. It is not entrapment if the government merely offers a defendant the OPPORTUNITY to commit a crime that he or she would otherwise be predisposed to commit. For example, it is not entrapment for an undercover cop to approach a known drug dealer and pose as an addict in need of a fix. It would be irrelevant whether or not the drug dealer asked the "addict" if he was actually a cop. The addict/cop's response would also be immaterial. Again, in this context, the police CAN lie to you. Likewise, it is not entrapment for a police officer to pose as a "John" and contact a known escort for a "date." The escort can ask the John all she wants whether he is a cop and he can lie, lie, lie. Also, as I said before, any "disclaimer" she uses will be of no use. The main question is whether or not the woman approached was PREDISPOSED to "escorting," or (let's be real) prostitution. There is a general rule in Evidence Law that evidence of a defendant's character trait is inadmissible to prove conformity with that trait on a particular occasion. In other words, if a woman was charged with prostitution, the government would not be able to introduce evidence of prior occasions where that woman engaged in prostitution in order to prove that she did the same thing on THIS occasion. However, there is an exception to this "character evidence" rule that allows the government to use character evidence to rebut a defense of entrapment. Therefore, if a woman charged with prostitution did raise a defense of entrapment, the government would be permitted to introduce evidence which shows that the woman engaged in prostitution in the past and is thus PREDISPOSED to the crime. Again, this predisposition will negate an entrapment defense. In practice, the government would most likely simply introduce the plethora of "escort ads" that the woman probably has somewhere online and which were posted well before any government agent contacted her. The only way an entrapment defense would work in the context of prostitution/solicitation is where an undercover officer approaches a woman who has NEVER "provided" before (nor attempted to) and offers her money in exchange for sex. Perhaps the woman finds the amount of money the undercover cop offers irresistible and so she agrees. The woman will have an entrapment defense because the criminal design originated with the officer and the woman was not predisposed to commit the crime. It has nothing to do with whether or not the cop lied to her. So, long story short, no - this "disclaimer" is BS. They might as well not even say it.

Answer 4

Basically, it is a way of stating that there are risks to something and making one party not responsible.

Example. My brother makes hot sauce that can literally cause phyisical damage to a person (such as blisters in the throat). If he were to sell it, he would have to have a written discliamer spelling out the dangers...and in this case because of potential for bodily harm, would also need a waiver.

As disclaimers and waivers are typically not attorney proof, he would NEVER consider selling it.

Answer 5

It is a statement or a contract that prevents or attempt you from taking legal action against a Person or company. It could be a sign in a car park that says you are parking your car at your own risk or it could be a contract you sign before having an operation.

Answer 6

A legal disclaimer is when a company absolves itsself of all liability if something happens.

Answer 7

Its a sentence that basically means 'If things go wrong its down to you - not me'

They are actually not worth the paper they are written on. People think that by agreeing to them they do not have a right to sue / take action, but this is not true.

IT DOES NOT WAIVE THE LAW.

Answer 8

Usually it has the same value is toilet paper.

Answer 9

Its what I ask my guests to sign when I have a BBQ!!

Answer 10

"Everything we have said is opinion, and may or may not be true"