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Pastimes : Legal proceedings via SI -- Ignore unavailable to you. Want to Upgrade?

To: John WES who wrote (93)	12/14/1998 1:30:00 AM
From: EL KABONG!!!	Respond to of 242

John, I'm not a lawyer either. <grin> Your rephrased question: this is pertaining only to the disclaimer language that was mentioned And the actual legalese: U.C.C. - ARTICLE 2 - SALES ..PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT § 2-302. Unconscionable contract or Clause. (1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (2) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination. law.cornell.edu Okay, now I understand what you're stating. The disclaimer you often see scroll across the bottom of the screen (or the radio talk show host will read) goes something like "The opinions presented in this show are the express opinions of Dr. So and So and do not necessarily represent the views of this station. As in any medical situation, please consult your personal physician before taking any additional actions."... or words to that effect. The disclaimer is intended to protect the TV or radio station from any liabilities related to the doctor's advice, and that intended protection may or may not extend to the doctor. Down here in Arizona we have an internationally renowned heart specialist who very often appears on television offering cardiac advice. To each and every caller (without fail) he will always say: "This is general cardiac care advice. Please consult your personal physician for advice specific to your own health care." or words to that effect. I'm not aware that he's ever been sued for giving advice on television. but of course that has no bearing on the Dr.'s problems, because his wife's business is a service, not a sale of goods.. I seem to recall from my college days that sales of services can sometimes be equated with sales of goods (under specific circumstances). That was many years ago, and the law(s) specific to your example may have changed since then. The laws may also vary from state to state in that regard. Either way, a good disclaimer should not hurt the doctor, and may be of some actual help. KJC