On 2013-04-09, Mark Janssen <dreamingforw...@gmail.com> wrote:
>> Where do YOU come up with the idea that you can't be sued if money
>> didn't change hands? In what jurisdiction is that true? Unless it's
>> true in every jurisdiction that the internet touches, I wouldn't trust
>> it to protect me.
>
> I know, the legal system has us all under their thumbs. If I hand you
> a rose, will you sue me because it doesn't smell like one?
He might. To win, he'd first have to show standing: he'd have to
prove that he was harmed (directly or indirectly by your action).
> If no money changed hands?
[As usual: IANAL so consule a real lawyer before giving away roses
that don't smell like roses.]
Doesn't matter. What matters first is harm. Once he establishes that
he was harmed because the rose didn't smell, then the question of
responsibility for that harm arises.
Did you intend the harm? Did you forsee (or should have forseen) the
harm? Did you warn him about the possibility of harm or take any
other actions to prevent forseeable harm?
> I don't have to cite anything! This is argument of the absurd and
> should be inadmissible.
Absurdity has nothing to with it, we're talking about the law. :)
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Grant Edwards grant.b.edwards Yow! But they went to MARS
at around 1953!!
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