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Recent Articles:


  • 11/1/2016
    Judicial Oversight of Emoluments Attachment Orders
  • 7/27/2016
    Termination of Supply and Execution Against Immovable Property For a Prior Owners Debt
  • 7/6/2016
    Warnings Over New Accounting Rules
  • 6/3/2016
    Claims Based on Universal Partnerships in Divorce Matters
  • 5/18/2016
    Automatic Termination Provisions in Employment Contracts
  • 5/11/2016
    Forfeiture of Benefits Upon Divorce and its Constitutionality
  • 3/17/2016
    Statutory Prescribed Rate Of Interest
  • 3/11/2016
    Despite the Voetstoots clause, contracts can be cancelled
  • 3/4/2016
    Are Email Disclaimers of Any Importance?
  • 2/15/2016
    The Duty of Good Faith Towards An Employer And The Duty to Disclose
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Are Email Disclaimers of Any Importance?

  • by Di Siena Attorneys

Email disclaimers are so widely used that most people do not even pay attention to their content.

There is currently no legal theory or doctrine under which an email disclaimer would be enforceable in South Africa and such has never been tested in a South African court. In the United States case of Langley (Township) v Witschel 2015 BCSC 123, the court stated that simply because a disclaimer is automatically added and its wording is of a general nature does not mean it should be completely ignored. However, to be of any force and effect the disclaimer cannot directly contradict the substance of the email in question. It is therefore accepted that users of email disclaimers should use them only when appropriate and required, in order to avoid diminishing their value.

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Latest Articles:

  • 11/1/2016
    Judicial Oversight of Emoluments Attachment Orders
  • 7/27/2016
    Termination of Supply and Execution Against Immovable Property For a Prior Owners Debt
Designed by Think Aspects : Terms Of Use : Privacy Statement