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Sue you sir.

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  • Sue you sir.


    I just wanted to find out the memberships thoughts on the small matter of litigation in this increasingly litigious world of ours.

    Imagine an auction on a well known auction site which becomes the subject of our scrutiny. As has indeed happened on numerous occasions, we as WIS offer our considered opinions, and generally speaking, we save some poor individual a huge amount of money. At the end of the auction, the item sells for significantly below it’s perceived market value. The seller, aware of our opinions, decides we were way too harsh on his item and deems that it was all our fault he didn’t get the wedge coming to him, so starts court proceedings.

    What happens next?
    Preparation and planning prevent piss poor performance

  • #2
    He is dreaming , i would be very surprised if it would even make it to court , but thats just my opinion . I do have a couple of very good lawyer friends that i could ask if you want me to
    'why tip toe thru life ,only to arrive safely at death'

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    • #3
      I am sure that somewhere we have T&C’s as part of signing up that clearly state all posts are the sole personal opinion or shared opinion of the poster / member and Timekeeper NZ is merely a discussion forum with no legal bearing or entity?

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      • #4
        Probably possible but the loss would need to very significant to make litigation worthwhile. Also the person bringing proceeding would have to be very sure they had a winning case as the possibility of having to pay all parties costs if they lost would need to be factored in. I suspect any decent lawyer would advise caution.
        Then if the watch is actually as big a piece of shite as the poster said then the value could be proved to be feck all so no case. Disclaimer: this is the opinion of an ignorant watch maniac and should no way be construed as legal advice
        “I want to touch base on how we’ll synergize the pivot going forward”

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        • #5
          Thanks for the feedback chaps. I just wanted to get a handle on where we stand as posters on TKNZ.
          I initially thought that the setup would be a bit like a newspaper, where the 'whole' takes responsibility for any legal action. I guess I was wrong and we're on our own

          I'm a member of another quite big horological forum and they don't allow any posts about current sales at all, as they cannot afford to mount a legal defence, so clearly they see the threat quite seriously.

          Anyway, if anyone wants to chime in with a definitive legal viewpoint, I would be interested to hear it.
          Preparation and planning prevent piss poor performance

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          • #6
            Agree that if we have a lawyer on board then if they chime in that would be great.

            I’m pretty certain that we should and if we don’t, we ought to get it in there that all posts are the members personal opinion and bear no legal bearing and that The collective posts of members do not express the opinions of TKNZ as a legal entity. That has to be in our T&C’s otherwise we are saying that as a group it could be taken as TKNZ’s position.

            Similarly we are not on our own.

            If a movie critic or poster expresses their opinion on rotten tomatoes or IMDb that they thought the movie was pants, they are not in a position to sued. It is their personal opinion. They might be flogged on social media, but that’s as far as it can go.

            As long as the forum has taken steps to ensure that every person that visits the site has a sticky right up front that states that all users should familiarise themselves with the rules, terms and conditions and that all content is the personal opinion of the poster then TKNZ has taken all reasonable steps to inform the reader.

            Maybe one of the mods can advise if the authenticate me section is closed to members only. If not perhaps it should be. Then it can only be something written by members for members and as such is a tool of personal opinion and in no way is intended to influence public opinion only that of shared personal information of members.

            I have done quite a bit of work in public prosecution, working with risk and T&C’s and the key thing is the provision of information to ensure that users are informed. That’s why everyone scrolls to the bottom and clicks accept every time apple or whoever else upgrade their platform.

            I’m going to take a Harlan and here and say that doesn’t make me an expert so why the hell say what I’m saying. All I am saying is that in all the situations where I’ve either been on the prosecuting side or on the claimants side, it has been clarity of information that has covered the angle.

            In saying all this it is always prudent to say I think or I believe or it appears to be instead of IT IS.

            My 2CW

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