Rank: Forum user
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Hello, would anyone have an example of an employer doing a work activity and asking their employees to sign a disclaimer to that activity. It then goes belly up and either a criminal or civil case came of it?
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Rank: Super forum user
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james - not too sure what you are asking here - is the activity unsafe? On a general note - disclaimers are usually not worth the paper they are written on and would unlikely be accepted in any court.
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Rank: Super forum user
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It has never happened (not recently anyway) since EVERYBODY knows such a disclaimer can not stand up in court.
Criminal liability cannot be evaded by use of a disclaimer (“Sign this so I can shoot you in the head. Thank You”)
For civil liability it is clearly covered by the Unfair Contract Terms Act 1977 Section 2. “Negligence liability.
(1) 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.”
Which is fairly open and shut and nobody could try to challenge that.
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Rank: Super forum user
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I too don’t really understand the question. As always a clear brief of the situation will enable ‘us’ to have some hope of providing a reasonable reply rather than endless speculation.
While many disclaimers are ineffective, there are also many that are perfectly ‘legitimate’, reasonable and ‘enforceable’ in law. In saying that those disclaimers that seek to restrict or reduce health and safety liabilities are unlikely to be effective and would probably ‘fail’ under the Unfair Contract Terms.
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Rank: Forum user
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Folks, I really didn’t want to elaborate. Sorry.
But, I have the answer now. Cheers.
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