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=== Does OG have any assets worth suing? === | === Does OG have any assets worth suing? === | ||
Estimated operating revenue of USD10m per annum and 45 staff, having just had to mount a desperate deep sea rescue probably not | Estimated operating revenue of USD10m per annum and 45 staff, having just had to mount a desperate deep sea rescue probably not | ||
===What does disclaimer do? === | ===What does disclaimer do? === | ||
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{{quote|“I hereby assume full responsibility for the risk of bodily injury, disability, death, and property damage due to the [[negligence]] of any Released Party while involved in the operation.”}} | {{quote|“I hereby assume full responsibility for the risk of bodily injury, disability, death, and property damage due to the [[negligence]] of any Released Party while involved in the operation.”}} | ||
=== Would the disclaimer work? === | |||
Governed by Bahamas law, for which the ultimate court of appeal is the Privy Counsel<ref>https://tinyurl.com/bahamasappealcourt </ref> which must apply Bahamian law, but as a [[common law]] jurisdiction, outside specific legislation, assume it will be broadly along the same lines as for English common law. | |||
However in this case English law is and Bahamian law ''probably'' is governed by statute. The statutes are different. | |||
Under Section 2(1)<ref>https://www.legislation.gov.uk/ukpga/1977/50/section/2</ref> of the [[Unfair Contract Terms Act 1977]], under English Law you cannot exclude liability for death or personal injury caused by negligence: | |||
{{quote|“A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.”}} | |||
But Bahamas law has its own framework, which includes the ''Unfair Terms in Consumer Contracts Act of 2007'',<ref>https://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/2006/2006-0001/UnfairTermsinConsumerContractsAct_1.pdf</ref> which presumptively regards an exclusion of liability for death or personal injury in a standard form contract as unfair and therefore not binding on the consumer (being a natural person acting “for purposes which are outside his business”): | |||
{{quote| | |||
“'''Indicative and Illustrative List of Terms which may be Regarded as Unfair''' <br> | |||
1. Terms which have the object or effect of — <br> | |||
:(a) excluding or limiting the legal liability of a seller or supplier in the event of the death of a consumer or personal injury to the latter resulting from an act or omission of that seller or supplier; [...]}} | |||
But ''was'' there negligence? Good luck figuring that out. Most likely an omission rather than a commission — failing to check the hull integrity, not noticing stress fractures and so on. | But ''was'' there negligence? Good luck figuring that out. Most likely an omission rather than a commission — failing to check the hull integrity, not noticing stress fractures and so on. |