Tony Duell wrote:
[snip]
> But this works both ways...
>
> I go to your shop and buy a large/heavy <foo>. You refuse to let me
> dismantle it and remove the PSU so that I can carry it out to my car in 2
> sections. As a result I injure myself. I then turn round and sue you
> because you refused to let me move it in the way that I considered safe.
> And if I can find a mention in the service manual that it's recomended to
> remove the PSU before attempting to lift the machine then I think I'd be
> almost certain to win.
Uh, no, at least not in the US if the shop owner has half a brain. Even
if you walk in off the street there's a notion of an FOB point; up to
that point the seller is responsible for the item (including moving it)
regardless of if title has changed hands and after which there is no
responsibility. However, if I define FOB as being the place where it
sits or I hand it to you I *do not* automatically grant you permission
to do what you please with it on my premises, nor do I incur any liability
for refusing to allow you to do so.
For example, if I sell you a television you can't demand to drive a
forklift into my shop to collect it, nor can you sit down and start
taking it to bits. If you do, I tell you to leave. If you don't leave,
it goes from civil to criminal and the cops haul you off.
In short, purchasing something from me doesn't convey to you additional
rights on my property, nor does my refusal to grant you those rights
cause me to incur liability.
[snip]
> Fortunately, in the UK we don't have that many daft liability lawsuits,
Yes, this perversion of English tort law that we have is a bit over the
top. Still, I'd rather live with that than with the UK Official Secrets
Act.
[snip]
> > So, yes, it's yours to dismantle, test, or smash to holy hell. But not in
> > *my store*!
>
> Remind me that if I ever shop in your store and buy something that I
> can't easily lift then _you're_ carrying it out to my car.
You'd better make that clear before we close the deal, because otherwise
I'm under no obligation to do so.
> Once it's
> there, not in your shop, then I'll take it to bits...
Perfectly reasonable :-)
--
Chris Kennedy
chris_at_mainecoon.com
http://www.mainecoon.com
PGP fingerprint: 4E99 10B6 7253 B048 6685 6CBC 55E1 20A3 108D AB97
Received on Tue Jun 13 2000 - 14:16:44 BST