Email Disclaimers

[GrumbleDook]

A robust defence is one where we've got existing case-law to make it robust, surely?

 

A robust defence can sometimes be one that prevents it from going to court in the first place, remembering that many such issues get resolved out of court via negotiations between legal support.

 

The defence, in itself, is a common one used to support data protection breaches, H&S issues, negligence claims, etc ... the act of informing someone, or at least giving them access to the information, about the lengths you have gone to as an individual or a company to protect the company and anyone in contact with them has been used many times.

 

It usually falls down when the notification has not been reasonable (small print on contracts, stupidly place signs about clamping in private car parks, no 'wet floor' signs whilst cleaners are out and about doing their stuff ...) so most companies take it as a risk, but try to mitigate or share the risk as much as they can. This does not devolve the liability though ... it just makes it nigh on impossible to win a claim as it is also expected of people to have common sense and read things when made available.

 

It is a fine line ... that is why folks in the Legal professions get nice amounts of money ... because it is cheaper to pay them and get the advice than paying out to other people.