# Signing a disclaimer



## Calico (1 Jul 2008)

Can anyone tell me where the law stands on disclaimers.

When you sign one are you waiving all rights when it comes to liability for whatever the disclaimer is about?

Where can I find more information on this issue?


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## ClubMan (1 Jul 2008)

In what specific context? In general I always assumed that statutory rights could always still be enforced regardless of any disclaimers but I could be wrong.


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## Calico (1 Jul 2008)

Well, I had no specific context in mind but the thought was sparked by the practise of signing disclaimers for damage to your car when it does the NCT.

So, legally, when you sign a disclaimer are you signing your rights away? I would like to research the topic but am drawing a blank.


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## WaterSprite (1 Jul 2008)

Yes, it completely depends on what the disclaimer is about.  For example, you can't disclaim liability for death or personal injury due to negligence.  So some disclaimers will be unenforceable due to their subject matter (what they are trying to disclaim) and some will be unenforceable due to the manner in which they are presented (e.g. if you'd signed the NCT disclaimer after the actual test or if the terms are unconscionable small print etc.)

It will be difficult to research "disclaimers" per se but you should be able to find out info on the enforceability of certain disclaimers if you look up the subject disclaimed, if you see what I mean!

Sprite


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## csirl (2 Jul 2008)

I would imagine that the NCT waiver is worthless. As NCT is a statutory requirement, the customers have no option but to sign it - they are breaking traffic laws if they dont. So they are signing under duress/compulsion. If an NCT operative is at fault for damaging your car, then they are liable full stop.

This is different to a situation where you have a choice as to whether or not you avail of a commercial service and/or a choice of suppliers.


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## bond-007 (2 Jul 2008)

> For example, you can't disclaim liability for death or personal injury due to negligence.


Many seem to do so. You have to look at the signs at the entrances to farms to see examples.


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## WaterSprite (2 Jul 2008)

bond-007 said:


> Many seem to do so. You have to look at the signs at the entrances to farms to see examples.



Yes, people do attempt this but it's not enforceable.

Sprite


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