|
"This e-mail and the documents included with this e-mail have information which might be privileged or confidential and exempt from disclosure under applicable laws." Many get e-mails with disclaimers or notices which begin like this. When you see this type of warning at the bottom of an email, what should one do? I think in most situations, one may confidently ignore such disclaimers and warnings, and just rely on your common sense. These warnings and disclaimers usually continue with wordings similar to this: "The information is intended to be for the use of the entity or individual named on this transmission. If you aren't the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is without authorization and is prohibited. If you have gotten this email in error, please notify us immediately." This article is my opinion and is not, legal advice. I'm a judgment broker, and not a lawyer. If you ever need a strategy to use or legal advice, you should contact an attorney. Emails sent to you that have disclaimers and warnings aren't contracts, as contracts are not one sided. Both parties must agree to the contract terms, and usually consideration must be identified for both sides. If someone (just) sends you an e-mail, that does not often obligate you, except to maybe agree you received the email. Those e-mail warnings and disclaimers usually mean one or both of 2 things. First, if you received the e-mail accidentally, they tell you to delete their email; which is what the majority people would do anyway. The other meaning is, don't share their e-mail with other people. Usually, you wouldn't share their email anyway. When somebody sends you an e-mail having a warning to not copy the email, will that stop you from then writing about something which covers the same kind of topic? Usually not, if someone emails you that the sky seems blue, that does not stop you from later writing or e-mailing somebody concerning the color of the sky. If you forward an email which causes direct damage to somebody, there may be problems, whether you read an email warning or not. One should not post or forward someone else's e-mails without carefully considering things. Whether you do or don't, should be based on common sense, than on boilerplate legalese. Consider this example: "This e-mail may contain confidential or legally privileged information that is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. If you aren't the intended recipient, you are hereby notified that any copying, disclosure, distribution, or reliance upon the contents of this e-mail is strictly prohibited. If you have gotten this e-mail transmission in error, please erase this message from your inbox." They e-mailed you, so by definition you're the intended recipient. You can't copy it? The average recipient usually doesn't need to worry about those kind of warnings, because if such warnings were actively enforced; how could you back up your PC? (which would copy the message), or tell someone you received the email, etc. Note the email warns that you cannot rely in any way on what their e-mail says. Thank goodness you still have the right to delete that e-mail. One final example: "If you are not the intended addressee you must not use, copy, or disclose this email. We give no representation or warranty as to the completeness or accuracy of the contents of this e-mail. We will not be held liable to any person resulting from the use of any information contained in this email and shall not be liable to any person who acts or omits to do anything in reliance on it." OMG, this e-mail probably was not very important, as they do not not care if you pay attention to it or not. Some disclaimers are close to being goofy, and they are not binding contracts, so why do some companies and people put disclaimers on their e-mails? Certain disclaimers are useful legally, and some are needed, however the majority of disclaimers provide a modest effect. Disclaimers rarely do any harm, which is the reason they are used often by lawyers, and others. Email disclaimers are included to attempt to reduce the chances of legal claims in the future. Certain recipients of emails may otherwise think they're getting professional advice or representation, so disclaimers are used. Lawyers have a good reason to add disclaimers, as they need to be clear about if they represent somebody or not. The Ninth circuit Court of Appeals decided that a disclaimer in common English may prevent the creation of an attorney-client relationship Businesses use disclaimers to try to prevent unintended contractual obligations. A company replying a question by e-mail is usually not obligated to do anything more, and this is the reason that many businesses include email disclaimers. IRS regulations require disclaimers, and they are also sometimes required by law, especially in the healthcare and financial service industries. Check out our constantly improving site: http://www.JudgmentBuy.com - Judgment Recovery. The easy, free, best and fastest way to start recovering enforceable judgments. (Mark Shapiro) JudgmentBuy Tells the Truth.
Related Articles -
e-mail email warnings disclaimers, disclaimers on e-mail email, e-mail email confidential confidentiality warnings notices, legally privileged e-mail ema,
|
