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[[Disclaimer]]s ''do'' work, and can ward off [[negligent misstatement]]: {{casenote|Hedley Byrne|Heller}}, reaffirmed recently in {{casenote|Walsh|Jones Lang Lasalle}}. | [[Disclaimer]]s ''do'' work, and can ward off [[negligent misstatement]]: {{casenote|Hedley Byrne|Heller}}, reaffirmed recently in {{casenote|Walsh|Jones Lang Lasalle}}. | ||
The [[The onus of proof is on the person making an existential claim|burden of proof]], so the philosophers say, is on the person making the existential claim. It is not for a defendant to [[prove]] a negative | The [[The onus of proof is on the person making an existential claim|burden of proof]], so the philosophers say, is on the person making the existential claim. It is not for a defendant to [[prove]] a negative. But do not let that stop your [[counsel]] trying, on your tab. This is, in essence, {{sex|her}} industry when she pens a [[disclaimer]]. | ||
But do not let that stop your [[counsel]] trying, on your tab. This is, in essence, {{sex|her}} industry when she pens a [[disclaimer]]. | |||
If you distrust [[epistemology]] — if, as many [[lawyer]]s do, you just find unpunctuated silence uncomfortable — you can always slip in a [[disclaimer]]. Nothing gladdens an [[Mediocre lawyer|attorney]]’s heart more than one of these. Where a [[client]] sees such a page of tightly-leaded seven-point font as mere texture, his advisor will behold a thing of power, beauty, and precision impossible to articulate to the laity. A [[Ultimate disclaimer|good disclaimer]] bootstraps itself off the page and into three-dimensions, arcing gracefully into imagined geometries of [[space-time]], disclaiming even itself into nothingness. | If you distrust [[epistemology]] — if, as many [[lawyer]]s do, you just find unpunctuated silence uncomfortable — you can always slip in a [[disclaimer]]. Nothing gladdens an [[Mediocre lawyer|attorney]]’s heart more than one of these. Where a [[client]] sees such a page of tightly-leaded seven-point font as mere texture, his advisor will behold a thing of power, beauty, and precision impossible to articulate to the laity. A [[Ultimate disclaimer|good disclaimer]] bootstraps itself off the page and into three-dimensions, arcing gracefully into imagined geometries of [[space-time]], disclaiming even itself into nothingness. | ||