The LiabiliT | |||||||||||||||||
Imagine Wearing a T-shirt with the following words printed on the front: Any disclaimer of liability notwithstanding, management, by serving me, accepts legal responsibility for any losses to my person or property that result from my use of this establishment. (small copyright symbol) See www.whynot.net If management thinks that its notice to you that "Management is not responsible for any lost or stolen property" is effective, why not let consumers use the same tactics. Hypo 1: My car radio is stolen while parked at movie theater lot. Movie theater has sign disclaiming any liability for losses. Theater sells me ticket while I'm wearing this t-shirt.
Hypo 2: same as above, except Movie Theater does not have sign disclaiming liability.
Ian Ayres, Sep 24 2003
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The New Yorker cartoonists have a risque version of the LiabiliT for a different piece of clothing:
Click the link here to view.
Very cute! Not sure what the legal outcome of the hypotheticals would be, but it would certainly be an amusing way to unnerve management. :)
Semi-seriously, can any tort law experts shed light on the status of a claim against a business establishment for value of items lost or stolen on their premises? If the business was negligent, do courts recognize liability disclaimers by establishments, or does the standard of reasonable care apply? Are there any claims other than negligence? (Implied bailment?)
Cheers,--Leon
Disclaimers rarely have any force in law.
If the law deems there to be duty of care etc, then disclaimers are useless, and if the law deems no duty, then disclaimers are tautologous.
Also basic contract law is that when you buy a ticket you are offering to purchase on the basis of the terms and conditions of the vendor, NOT any that you may have on your chest.
Of course you could say to the ticket vendor (as in drawing verbal attention to a prosposed variation of contract) "I'll buy provided that the words on the T shirt are part of the conditions and deemed to override any exiting terms of contract that might conflict" and if they sold you a ticket you'd be covered, but I think you'd be more lokely to end up outside in the rain.
Cheers
Interesting idea, BUT, This would add law suits to an already law suit stagnated court system. Taxes would rise from this, even if legitmate & significant charges where filed.