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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}} | ||
{{quote| | {{quote| | ||
HAMLET: Madam, how like you this [[offering circular]]?<br> | HAMLET: Madam, how like you this [[offering circular]]?<br> | ||
GERTRUDE: The lady [[Disclaimer| | GERTRUDE: The lady doth [[Disclaimer|disclaim]] too much, methinks. <br> | ||
HAMLET: Oh, that’s just a red herring. Don’t you worry about that. | 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''}} | :—Shakespeare, ''Hamlet Inc. £50.00 Secured Floating Rate Notes due 1604''}} | ||
[[Disclaimer]]s ''do'' work, and can ward off [[negligent misstatement]]: {{casenote|Hedley Byrne|Heller}}, reaffirmed recently in {{casenote|Walsh|Jones Lang Lasalle}}. | 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}}. | ||
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]]. | 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]]. | ||
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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__ | ||