From owner-freebsd-questions@FreeBSD.ORG Wed Jul 27 21:15:50 2011 Return-Path: Delivered-To: freebsd-questions@freebsd.org Received: from mx1.freebsd.org (mx1.freebsd.org [IPv6:2001:4f8:fff6::34]) by hub.freebsd.org (Postfix) with ESMTP id AD147106567A for ; Wed, 27 Jul 2011 21:15:50 +0000 (UTC) (envelope-from bonomi@mail.r-bonomi.com) Received: from mail.r-bonomi.com (mx-out.r-bonomi.com [204.87.227.120]) by mx1.freebsd.org (Postfix) with ESMTP id 834FB8FC1C for ; Wed, 27 Jul 2011 21:15:50 +0000 (UTC) Received: (from bonomi@localhost) by mail.r-bonomi.com (8.14.4/rdb1) id p6RLFpCT095664 for freebsd-questions@freebsd.org; Wed, 27 Jul 2011 16:15:51 -0500 (CDT) Date: Wed, 27 Jul 2011 16:15:51 -0500 (CDT) From: Robert Bonomi Message-Id: <201107272115.p6RLFpCT095664@mail.r-bonomi.com> To: freebsd-questions@freebsd.org In-Reply-To: Subject: Re: legal notices at the end of emails X-BeenThere: freebsd-questions@freebsd.org X-Mailman-Version: 2.1.5 Precedence: list List-Id: User questions List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Wed, 27 Jul 2011 21:15:50 -0000 > From: Ryan Coleman > Date: Wed, 27 Jul 2011 08:33:53 -0500 > Subject: Re: legal notices at the end of emails > > > -- > > Jerry > > > > This email and any files transmitted with it are confidential and > > intended solely for the use of the individual or entity to which they > > are addressed. If you are not the intended recipient of this > > transmission, please delete it immediately. > > > > Obviously, I am the idiot who sent it to you by mistake. Furthermore, > > there is no way I can force you to delete it. Worse, by the time you > > have reached this disclaimer you have all ready read the document. > > Telling you to forget it would seem absurd. In any event, I have no > > legal right to force you to take any action upon this email anyway. > > > > This entire disclaimer is just a waste of everyone's time and > > bandwidth. Therefore, let us just forget the whole thing and enjoy a > > cold beer instead. > > _________________ > > > Nice disclaimer. :) > > They have their place. Yup. That place is frequently referred to as "File 13". > CPAs, Bankers, mortgage, transferring of sensitive > data, etc. But they really mean nothing. :) To be 'legally binding' on the recipient, one must have _agreement_ on the terms from the recipient, _before_ the 'sensitive' material is sent to them. In _most_ jurisdictions in Western (at least!) jurisprudince, such embedeed 'disclaimers' are entirely _unenforceable_ against an 'unintended' recipient, being what is commonly known as a "contract of adhesion", and, as such, fail to satisfy one of the fundamental requirirements of a 'contract' -- i.e., a "meeting of the minds" between the parties to the contract. Such 'disclaimers' -- with the notable exception of ones similar to Jerry's, that is -- are nothing more than a (probably ineffective) CYA attempt by the originator's organization in the event of an actual erroneous disclosure of 'confidential' information. _IF_ such a 'notice' were an enforcable 'contract', consider what the effect of the following notice: By accepting this email, you agree to pay me US$5,000 within 10 days. And if you fail to tender said sum within the specified time-frame, authorize me to enter a 'confession of judgement' in your name, in a collection lawsuit.