Re: limitation on warranties and liability

[David Jones/KSBEISD <David_Jones/KSBEISD -dot- KSBEISD -at- DATAHUB -dot- COM>]

It's warranties like this that have me pushing for *real software liability*
laws! In the US, if a real estate agent sold you property, he or she would be
liable for any costs needed to make the property conform to whatever
substantial statements he or she made about it ... Agents have been held liable
for things they "knew about, should have known," etc., despite the fact that a
real estate agent is not a contractor, building inspector, extermination
expert, etc, etc.

BTW, if someone "advised" you of something, doesn't that become something you
"know" about?

Sorry, JFOA. If no one has yet had their "no warranty/no responsibility"
position challenged in court, they should!

David Jones, Technical Writer
David_Jones/KSBEISD -dot- KSBEISD -at- Datahub -dot- com
Kamehameha Schools Bishop Estate

DISCLAIMER:
"I do not speak for my employer, my computer, or any other living thing."

From: ftf @ abmdata.com (Frederick Falk) @ Internet @ DATAHUB
Date: 03/26/96 11:48:28 AM
Subject: limitation on warranties and liability

>>This is just part of the lawyerize found in the front of our
manual, but what I found interesting was the part about "knew"
or "should have known", or for that matter, having been "advised"
of the matter and done nothing about it. Does anyone else have
anything similar in their docs? Has anyone ever had their "no
warranty/no responsibility" challenged (sp?) by the courts? If
so, what was the circumstances and the verdict? Any thoughts?<<