Legal SA: BASTA Bullets - Duty of Care (DOC)

The captioned matter has made waves in the industry as it has been suggested in the inquiry that operators & even venues may end up being liable!!

That is a scary thought so I have written a series of brief notes on preventative measures if such a (however remote) possibility were to become reality - this is the 3rd of 5 inserts

A precursor to the indemnity should be a comprehensive set of terms and conditions (‘T&C’) – make sure that your T&C are relevant to your product and services and not simply a ‘cut & paste’ off the Internet. I find it amazing that even some well versed industry players appear to be of the view that they either don’t need T&C and/or that their supplier’s T&C will protect them and/or an indemnity and/or insurance alone is sufficient! Here are a couple of reasons why you should have T&C:

• Limitation of liability
• Applicable law
• Applicable jurisdiction
• Alternative dispute resolution
• Domicilium
• Confidentiality  
• Legal fees (Attorney & own client scale)
• Interest on arrears
• Entire agreement

Louis the Lawyer