[LINK] Those snooping mobiles

[David Lochrin]

On Sunday 08 March 2009 08:56, Jan Whitaker wrote:
> The companies that offer it [mobile phone tracking] write themselves 
> out of liability in the 'contract', so they say.  Sounds like our 
> discussion about the  function of TOS.  But, isn't selling a service 
> that is knowingly illegal some sort of breach of fair trading?  I can see 
> that things can have good and bad applications, like guns, but those 
> have regulations to restrict use and handling.

My understanding is that it's not legally possible to write a contract which has the effect of annulling a law, regulation, or precedent unconditionally.  This principle has a much broader application than Fair Trading, which is a state matter.

For example, all disclaimers of the form "all care taken but no responsibility" are unenforceable.

Perhaps a Lawyer on the list would like to comment.

David