Legal Question in Legal Ethics in India

regarding the legal value of a disclaimer

A newspaper contains economic views on various financial matters. It publishes a regular column entitled 'share of the week' in which every week, a guest columnist, who is an expert in matters of stocks is invted to write and recommend one share to public for investment.

A person suffered a loss by investing in stocks of a company after reading this column of the newspaper.

Can he claim damages from the newspaper and the Stock Market expert for the loss suffered?

Note: the newspaper gave a disclaimer stating that these are the views of the author and they wont take the responsibility of the loss and the investor shold do his own research before investing.


Asked on 9/14/08, 2:59 pm

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: regarding the legal value of a disclaimer

no case for claiming damages against the paper or the author is made out. recommendations made by experts are not binding. moreover, there is no contract between the investor and the recommendor. therefore, there is neither a tort liability nor any liability arising from breach of contract.

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Answered on 9/14/08, 3:01 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: regarding the legal value of a disclaimer

Being only a guideline and stock market being a gamble no action can be taken

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Answered on 9/17/08, 2:05 am


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