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{{a|g|}}{{quote|''You can lead a customer to a disclaimer, but you can’t make it read.'' | {{a|g| | ||
[[File:Vampire.jpg|450px|frameless|center]] | |||
}}{{quote|''You can lead a customer to a disclaimer, but you can’t make it read.'' | |||
:—Mayan Proverb}} | :—Mayan Proverb}} | ||
[[Disclaimer]] | {{quote| | ||
HAMLET: Madam, how like you this [[offering circular]]?<br> | |||
GERTRUDE: The lady doth [[Disclaimer|disclaim]] too much, methinks. <br> | |||
HAMLET: Oh, that’s just a [[red herring]]. Don’t you worry about that. | |||
:—Shakespeare, ''Hamlet Inc. £50.00 Secured Floating Rate Notes due 1604''}} | |||
There are rare occasions where [[Disclaimer]]s ''do'' work, and can ward off [[negligent misstatement]]: {{casenote|Hedley Byrne|Heller}}, reaffirmed recently in {{casenote|Walsh|Jones Lang Lasalle}}. | |||
But do not let that stop your [[counsel]] trying, on your tab. This is, in essence, {{sex|her}} industry when she pens a [[disclaimer]]. | 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]]. | ||
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. | ||
To disclaim is definitively to say, for the eternal record, what you are ''not'' saying. | To disclaim is definitively to say, for the eternal record, what you are ''not'' saying. | ||
===When the lady [[Disclaimer|disclaims]] too much, methinks=== | |||
There are many times where disclaimers and their ilk — “big boy letters”, “[[Reverse enquiry|it-definitely-was-a-reverse-inquiry-honest]] letters” and so forth — run the risk of drawing attention to something that you are feeling guilty about that perhaps no-one would have taken a point about in the first place, had you just kept your trap shut. So before falling for the [[Compliance|compliance department]] operating manual’s standard path of least resistance (“if positive, stick something in the [[terms of business]]; if negative, stick it in a disclaimer”) tarry a while and consider ''is this really helping?'' | |||
===[[Nosferatu]], or the Unsaid=== | ===[[Nosferatu]], or the Unsaid=== | ||
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{{sa}} | {{sa}} | ||
*[[Ultimate disclaimer]] | *[[Ultimate disclaimer]] | ||
*[[ | *[[Conspicuous|CAPITALS]] | ||
{{published}} | {{published}} | ||
{{ref}} | {{ref}} | ||
{{c|Philosophy}} | {{c|Philosophy}} | ||
__NOTOC__ | __NOTOC__ | ||