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Welcome to
the first of Engel Legal Notes!
My staff
and I hope these legal notes will be helpful and interesting to
entrepreneurs, business owners, and service providers for businesses.
We’ll send an email every few weeks, or whenever something new
comes up that we think you would want to know. Your time is valuable,
so these notes will be concise and easy to scan. If you want more
depth we’ll show you where to get it.
All who are
receiving this are clients and people I have worked with. Some of you
told me you would value this service. But, if you do not want to
receive these emails, just look at the bottom for a click to be
removed from the list. You won’t hurt our feelings. On the other
hand, if you have a comment, or want more information, send me a
reply and I’ll respond. If you have a new topic you think would
be of general interest, let me know.
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Does
Clicking “I Agree” Make A Contract?
If
you are trying to contractually bind persons through your website,
it is critical that you can prove they knowingly agreed to what you
offered. That may be easier said than done. Most of you have seen
various types of online agreements. How can you increase the chance
that the agreement will stick? The Committee on Cyberspace Law of the
Section on Business Law of the American Bar Association discussed
this issue at a recent meeting. As with many legal issues, there is
no clear right or wrong answer, or best way to do this. The seller
wants to make the sale, but doesn't’t want to scare away the
customer with a cumbersome contract process. If you use your website
to enter into online contracts, and if you would like the latest
information on this, send me a reply and ask for the full article.
I’ll email you a copy.
Limiting
Your Liabilities
Lately
we have seen contracts used by service providers that do not limit
the service provider’s liability for a damages claim. If you are
a service provider charging $1,000 for a project, you do not want to
be responding to a claim for $1,000,000 when your customer claims
your service caused that much damage. There is legal authority in
Washington to contractually limit your damages. Some factors that
determine the extent of possible limitations include (1) whether the
customer is a sophisticated business or a family consumer, (2)
whether the service is a necessary service (e.g. medical provider) or
a non-necessity (e.g. recreational service), and (3) how the
limitation is stated in the contract. Of course, your errors and
omissions insurance policy is important in limiting your exposure. If
you are on the receiving end of a liability limitation clause, make
sure you understand the consequences. Review your contracts for these provisions.
Golf Law
If
you are desperate to have an edge over the rest of your foursome,
tell them about this recent California case. This case will give your
partner one more swing-thought. The case involves golf etiquette,
cell phones on the course, eye contact, and a tee shot gone awry. Who
is responsible for the errant tee shot that hits another golfer in
the head? Here is the link:http://www.courtinfo.ca.gov/opinions/documents/S146114.PDF
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If you have
comments or suggestions for topics, send them to me.
Doug
engel@dle-law.com
Douglas J. Engel
Dubuar,
Lirhus & Engel LLP
1200 5th
Avenue, Suite 1550
Seattle WA 98101
Phone: 206-728-5858
Fax: 206-728-5863
Email: engel@dle-law.com
Website: www.dle-law.com
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The
information in this newsletter is all general information. The
information is applicable only to the state of Washington, unless
otherwise stated. This general information is not legal advice for
your particular circumstances. If you have legal questions you should
consult your lawyer.
Dubuar,
Lirhus & Engel LLP
1200 5th
Avenue, Suite 1550
Seattle,
Washington 98101
206-728-5858
Copyright
2007 by Dubuar, Lirhus & Engel LLP. |
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