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'''Disclaimers in a nutshell''': They do work, and can ward off [[negligent misstatement]]: {{casenote||}} | '''Disclaimers in a nutshell''': They do work, and can ward off [[negligent misstatement]]: {{casenote|Hedley Byrne|Heller}}. | ||
The 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 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. | But do not let that stop your [[counsel]] trying. | ||
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. |