Bruce Dodson wrote:
> Forget about privity for a second. That's a red herring. My
> cat just strolled in, so now I have other things on my mind:
> Someone gave this cat to me; she was "free to a good home".
> They said she was healthy, and it turned out they were right.
> If I found that s
Bruce Dodson scripsit:
> Thanks John and Larry. Now I am starting to see. That's very frightening
> to think about, but I still find it hard to believe.
Well, software manufacturers have been trying to contract out of this
situation for decades. I don't know that there have been so many court
Thanks John and Larry. Now I am starting to see. That's very frightening
to think about, but I still find it hard to believe.
With the manufacturer / retailer situation, the manufacturer got paid for
the goods, and there was a chain of contracts even though there was no
privity between manufactu
> That used to be the law. But people got tired of buying
> useless and/or dangerously defective products from stores and
> getting this answer:
>
> Store: I had no way to know it was useless/defective: try the
> manufacturer.
> Manufacturer: You and we have no privity of contract: try the sto
Bruce Dodson scripsit:
> If there is no contract, you can't contract away liability. But if there's
> no direct relationship between you and the recipient (such as a contract),
> it's hard to conceive of a way that you could be held liable in the first
> place. At least I, a mere software develo
I can offer something without entering a relationship with each recipient.
I have software published on SourceForge; I entered into an agreement with
SourceForge but I have no relationship with the people who downloaded my
stuff from there. The people who downloaded might or might not have a
relat
David Johnson wrote:
I still haven't come to grips yet with the concept that a contract is required
for disclaimers of warranty. It seems to me that there must be another
mechanism that achieves the same result.
You have to make the terms under which you are offering something
clear. Situ
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