[LINK] Those snooping mobiles
dlochrin at d2.net.au
Sun Mar 8 18:14:45 EST 2009
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.
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