Suggestion: forum-wide disclaimer

Quite seriously, a suit, no matter how much of a vexatious suit it might be, could severely inconvenience forum members either in terms of time or money (depends which you value more, I guess).

Should we consider asking for the forum design to include a disclaimer on every page, covering all posts?

"This is a discussion board, not a source of professional advice. the following disclaimer applies to all posts.

"If asking a question relating to your particular circumstances, you acknowledge that any answers are provided in a non-professional capacity with the intention of assisting you in your request. You further acknowledge that you are fully responsible for the course of action you follow, regardless of any advice or statement that appears on these pages.

"In matters relating to your personal circumstances, always seek qualified professional advice."
 
quiggles said:
Quite seriously, a suit, no matter how much of a vexatious suit it might be, could severely inconvenience forum members either in terms of time or money (depends which you value more, I guess).

Should we consider asking for the forum design to include a disclaimer on every page, covering all posts?
That may be a better idea. I personally have signatures (& avatars) switched off (via control panel), so I never see anyones sig.
 
Hi all,

Quiggles, that idea of an overall disclaimer on every page is brilliant. That is easily the best way to go and becomes similar to what the ABC does on the radio.

bye
 
quiggles said:
Quite seriously, a suit, no matter how much of a vexatious suit it might be, could severely inconvenience forum members either in terms of time or money (depends which you value more, I guess).

Should we consider asking for the forum design to include a disclaimer on every page, covering all posts?

"This is a discussion board, not a source of professional advice. the following disclaimer applies to all posts.

"If asking a question relating to your particular circumstances, you acknowledge that any answers are provided in a non-professional capacity with the intention of assisting you in your request. You further acknowledge that you are fully responsible for the course of action you follow, regardless of any advice or statement that appears on these pages.

"In matters relating to your personal circumstances, always seek qualified professional advice."

Just having a disclaimer clause will not necessarily protect you. There are hundreds of cases where courts have deemed them to be meaningless Why dont newpapers for example have them to prevent being sued.
The theory is well intended but I think you will be creating a false sense of security by relying on them .
If you cant rely upon them why have them.
Someone who is up to date with contract Law should butt in here...............
 
And I'm not a lawyer, but I think it may be of benefit to the Somers as well. I hate to ask it but do we have a lawyer in the house who would be able to advise us pro bono? I really think it's important and if I wasn't quite so cash strapped right now (over invested, sorry) I'd consider getting it myself.

Or someone who knows someone who may do it?
 
May i remind everyone that this is a public FORUM like the other 50 million + out there. This is not a place you come to get professional advice otherwise the media would be sued every day judging by a lot of their commentaries.
This is a plce to come and express opinions and views. It's exactly like speaking to someone at a party in a social situation - you wouldn't sue them if they said buy "X" and it crashed the next day. It's only professionals who are giving advice in the name of their business that need a disclaimer.
 
This is the point made in the other thread - for some things it is illegal to give advice without being a professional so non-professionals may need a disclaimer. The professionals in here who willingly give general information also need to be covered.

It's not a case of overreacting, it's a case of prevention. And if you think people in this forum haven't been threatened with legal action for waht they've written here, think again.
 
quiggles said:
This is the point made in the other thread - for some things it is illegal to give advice without being a professional so non-professionals may need a disclaimer. The professionals in here who willingly give general information also need to be covered.

In that case, if there was going to be some sort of modification to the forum software, would it be better for users to be able to have their own signatures, (like they do now), plus a suitably written disclaimer.

Then, at the bottom of someone's post, who chooses to have a disclaimer, there it is, (with their signature below, for example). :confused:
 
Mary said:
It's exactly like speaking to someone at a party in a social situation - you wouldn't sue them if they said buy "X" and it crashed the next day. It's only professionals who are giving advice in the name of their business that need a disclaimer.

The problem is it's not just between me and you, it's in print, for 50m others to read and maybe act on. I don't see a lot of difference between the forum and a newsletter. We all know who did jail time for their newsletter.

Commonsense dictates that this is not prof advice but commonsense also suggests people will be careful in the supermarket and not slip on the lettuce leaf, unfortunately this has happened and the supermarket was sued over it and lost.

So commonsense is out the window, as some people make nice profit from the legal system.

cheers
quoll
 
quoll said:
The problem is it's not just between me and you, it's in print, for 50m others to read and maybe act on. I don't see a lot of difference between the forum and a newsletter. We all know who did jail time for their newsletter.

Commonsense dictates that this is not prof advice but commonsense also suggests people will be careful in the supermarket and not slip on the lettuce leaf, unfortunately this has happened and the supermarket was sued over it and lost.

So commonsense is out the window, as some people make nice profit from the legal system.

cheers
quoll

I see no connection between this forum and a newsletter.

Mary is using her common sense when she writes.
To think this is a professional advice forum is ludicrouse.

I think whilst peoples intentions are good , in reality those people have little or no legal background and are reacting rather than basing there opinions on legal fact.

Is it in print....good point.....I can tell you for sure that in 1984 this would not be regarded as print.....but due to changes in the copyright law I am not able to say if it is in print or not.......I am not up to date .

Slipping on a lettuce leaf has nothing to do with common sense!
As I said before, if you have a disclaimer you will be creating a false sense of security. These disclaimers are also used to intimidate people into not following through on legal action. Just like signs in shops that say .........we will not refund money on purchases.........
they have no legal standing under the Trade Practices Act.

This discussion is really pointless unless there is someone well versed in current contract law who can guide the discussion, other wise the old adge applies.
A little knowledge is dangerous.
 
quiggles said:
This is the point made in the other thread - for some things it is illegal to give advice without being a professional so non-professionals may need a disclaimer. The professionals in here who willingly give general information also need to be covered.

It's not a case of overreacting, it's a case of prevention. And if you think people in this forum haven't been threatened with legal action for waht they've written here, think again.

Thanks for your terrific input into the forum quiggles.

A threat of legal action and successful legal action are 2 completely different animals.
Defamation law and contract law re disclamers are also 2 different animals . You shouldnt necessarily lump evrything together. In my view this causes unnecessary concern
I guess why I am so concerned is that at the moment there is a free flow of information , which could be restricted if people become parinoid over litigation.
Is there any siginificant case law in Australia that deems it necessary to change the present system. I know people are not parinoid , but it does seem the case
 
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A legal disclaimer in this forum can legitimitely only speak for the forum's owners.

It cannot speak for or be binding on contributors to this forum.

Thus a forum-wide disclaimer would be worth the paper it's written on.

Cheers,

Aceyducey
 
ggumpshots said:
Thanks for your terrific input into the forum quiggles.
My pleasure. :)
ggumpshots said:
A threat of legal action and successful legal action are 2 completely different animals.
I never said such an action would succeed. I said defending an action would cost time and money, neither of which I have in unlimited supply.
ggumpshots said:
I guess why I am so concerned is that at the moment there is a free flow of information , which could be restricted if people become parinoid over litigation.
I too wish to preserve the free flow of information - I was trying to find a simple solution to avert the threat and therefore the menace of litigation. I wasn't suggesting that it would be foolproof or even that it would work which was why I asked whether anyone could offer a qualified opinion.
ggumpshots said:
Is there any siginificant case law in Australia that deems it necessary to change the present system. I know people are not parinoid , but it does seem case
Yes, there is, from memory (defamation rather than professional advice, and you rightly distinguished beteen the two). However, my experience of the law is that judges often come to a decision first and find a justification for it second.

In such a case a precautionary clause might help.

You'll note that this issue didn't stop me posting clear advice today to someone asking about LOCs and x-coll. :D
 
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