oa De Rebus - Reading the small print - are e-mail disclaimers really important? : feature

Volume 2016, Issue 560
  • ISSN : 0250-0329



E-mail disclaimers have become so routine and monotonous, often referred to as boilerplate language, that most people do not even notice their existence.Yet, these disclaimers are ubiquitously appended to nearly all outgoing e-mails. The reasons for such inclusion are various: Confidentiality, defamation; unintended contract formation; misdirected e-mails, employee liability, legal privilege; infringement of copyright; and other wrongful acts are a few reasons for its inclusion. Despite its wide use, there is currently no legal doctrine or theory under which an e-mail disclaimer is enforceable in South Africa and nor has it been tested in any South African court.

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