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:—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 felling 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 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 thius really helping?'' | |||
===[[Nosferatu]], or the Unsaid=== | ===[[Nosferatu]], or the Unsaid=== | ||