Disclaimer Clause
Parthasarathi Loganathan
(Querist) 17 October 2010
This query is : Resolved
I have found in one of our member's profile a Disclaimer Clause mentioned as under:
Quote:
[ THE OPINIONS /COMMENTS EXPRESSED ON THIS SITE BY ME ARE MY PERSONAL OPINIONS AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. ANY ACTION TAKEN BY ANY PERSON, ON THE BASIS OF THE OPINION/COMMENTS EXPRESSED BY ME WILL NOT CONSTITUTE A GROUND FOR PROCEEDING AGAINST ME IN ANY LEGAL FORUM]
Unquote:
Experts may throw light on the legal perspective for the benefit of all.
Khaleel Ahmed Mohammed
(Expert) 17 October 2010
Opinions /comments are different from legal advise. Opinions and comments are personal view of the person, but legal advise should be based on the footing of law.
mahendrakumar
(Expert) 18 October 2010
in a virtual forum like this advise/opinion is given mainly based on available information without verification.
sometimes experts answer queries without understanding the real issue.
as such many advises have only academic value and of a guidance nature.
So I feel it is better to have such disclaimers so that people do not blindly follow the advices
Parthasarathi Loganathan
(Querist) 18 October 2010
My query is very clear Tomji. I wanted to learn the legal perspective of such disclaimer's clause posted by our friend in his profile. Mr.Mahendra Kumar has thrown some light on it.
pawan sharma
(Expert) 18 October 2010
Dear Loganathan ji in this forum most of the person are no from the legal background.
the opinion of the Advocates on the same point or facts are depands on the knowledge of the subject i.e. perticular law but it can not be the Q in the legal proceeding in any court of law.
VENKATRAMAN SHRINIVAS
(Expert) 18 October 2010
In his forum views are expressed based on the information furnished vis-a-vis perception of the person airing his views. They may vary between persons and they cannot be taken as absolute. What was sought to be claimed by the disclaimer, as is deduced from the tenor is that mere view is expressed which does not form the letter of law and if action is initiated on the basis of such advice, the person who enders such advice cannot be held liable for any damages or ill effect arising out of his advice.During he earlier days "opinio Juris" (opinion of eminent persons who were acknowledged stalwarts in the field were admitted by courts as valid reference for application of law. But such course is not adopted now since we have numerous precedents in different fields and from various legal forums. Hence one need no be apologetic.
aman kumar
(Expert) 20 October 2010
such advice cannot be held liable for any damages or ill effect arising out of his advice.During he earlier days "opinio Juris" (opinion of eminent persons who were acknowledged stalwarts in the field were admitted by courts as valid reference for application of law. But such course is not adopted now since we have numerous precedents in different fields and from various legal forums. Hence one need no be apologetic.