Disclaimer on receipt when selling extra roos?

[Wynette]

My friend has no experience in livestock law, and she's not a practicing lawyer. She got her degree and then came to work in the philanthropy field. So...I thought it would be good to get more feedback.

She DID research into selling eggs (because I sell my extras at work) and said that as far as eggs, I'm fine. I would assume that would mean the same for other folks, too. She said I'm fine for eggs because I'm not selling to commercial industry (such as a restraurant or a grocery store). She did state why, but I don't recall. But, it made sense and I believe her!

 

[Oblio13]

"The Land of the Free and the Home of the Brave" has become the land of lawsuits and disclaimers.

 

[Wynette]

Yes, it sure has. It's a sad state of affairs that we have to spend so much time on "damage control."

 

[Davaroo]

Quote:
Agreed. Holding a juris doctorate implies she is not practicing before the bar. But earning one is no small feat. While she may not be experienced at livestock law (I doubt many lawyers are), she probably knows more about the law, de facto, than any of the legal eagels here at BYC. I'd lean on her advice heavily.

My questions go straight to her advice, though, which was sound. Some others have made the same note, and I'd call her recommended disclaimer an "as-is" sort of statement.

It is a good idea to tell your purchasers that they take any bird "as is," with no express or implied warranties against disease or other problems as may arise. They should also know that you cannot be held liable for any illness or harm as may come of the use of the bird. Having it in writing is also good and a signed acknowledgement of it is even better.

Beyond that, such a disclaimer is not iron clad protection... as there is no such thing. You can still be sued; the law allows that right to all of us.

 

[Wynette]

Thanks, David. Good things to ponder in your posts. I appreciate your candor!

 

[Davaroo]

Quote:
You're welcome, as always.

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Not to hi-jack your thread, I'm intrigued when people mention my "candor," which is defined as:

1. the state or quality of being frank, open, and sincere in speech or expression; candidness.
2. freedom from bias; fairness; impartiality: to consider an issue with candor.

I reckon being frank and clearly spoken is most needed in an imperfect medium such as this.
But, if it is noteworthy that I have it - then do others lack it? And if so, what DO they offer in it's place?

 

[Wynette]

I think sometimes folks WANT to be open/frank/honest, but they worry about whether or not the OP will be able to handle it...so they often "sugar coat" their answers. I appreciate it when people give me their opinion when I ask it...period.

I wouldn't ask if I didn't want to hear. But, some folks only want to hear what they want to hear. You know...?

 

[luvs2garden2000]

Quote:
Exactly what you said. I do not see what the disclaimer would hurt. It is sad that one would have to resort to the disclaimer, but you know there is someone out there just waiting with ink pen in hand for that lawsuit.

 

[Davaroo]

Quote:
Here's the stuff that gets me:

- all usually preceded by some comment like: "Wheeeee... OMG, chickens!"

 

[Wynette]

Davaroo, you crack me up! Thanks for that!