However, legal disclaimer statement provides for a legal lifeline but it does not protect businesses from acts of gross negligence.

WHAT TO INCLUDE WHILE DRAFTING LEGAL DISCLAIMER?

Drafting legal disclaimer can be demanding as ‘no one size fits all’. Every legal disclaimer must be unique and cater to the business it is being drafted for. The following should be kept in mind while drafting legal disclaimer:

  • Use of relevant Terms and Conditions
  • Use of appropriate and clear legal language
  • Using honest and fact-based words
  • Avoiding misinterpretation

The legal disclaimer should assert that the information used on the website is purely legal information and not legal advice. It should emphasize that no representations or warranties are made in relation to the legal information provided, and it should also seek to exclude any liabilities that may arise out of the use or abuse of the information.

CAN LEGAL DISCLAIMER BE UNENFORSEACLE/LEGALLY BINDING?

A legal disclaimer may or may not be enforceable, depending on the nature of it. Legal disclaimer can be enforceable by following the general clauses of contracts act and shall not be opposed to the principle of natural justice. Also, if the terms of the legal disclaimer are fair and easy to read and proceed, the same may be used as a valid piece of evidence in Court.

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