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How easy is it to draft a binding, legal disclaimer?
For example, if a shop assistant sells me an after shave product, but makes me sign a disclaimer saying that I am aware that this might hurt when I apply it, or it may cause a rash, swelling or even chemical burns, would this disclaimer be binding if I subsequently suffer from burns?

Are there any essential parts to any disclaimer? Are there any things against which you cannot sign a disclaimer?
asked in law, legal, disclaimers



robinsamuels answers:

My understanding of the Unfair Contracts Act is that you can not disclaim anything which you are entitled to under statute (sale of goods act etc), nor can you deny liability for injury or death when caused by negligence.

As far as aftershave is concerned, most already carry a warning that you may need to discontinue use if you have an adverse reaction.


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