ADM 3360 M - Business Law
Professor Gilles LeVasseur
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Executive Summary
Introduction
This paper explores the truth behind the current legal position of both owners and producers of consumer goods. The perspectives of these two parties will be weighed and measured against one another to determine which one has the advantage, what could be causing this advantage, and what can be done to even the playing field. The solitary example that will be studied at great length to provide evidence of these findings is the instruction manual for the Magic Bullet Single Shot + appliance, a household blending device.
Instruction Manual Clauses
The purpose of this section is to analyze the instruction manual for each direction or warning that is provided either to protect the producer or inform the owner of the Magic Bullet Single Shot + appliance. Much of the information provided in the manual serves both of these purposes as through informing the owner how to properly and safely operating the appliance the producer is also creating a defence for itself from potential legal liabilities. To simplify the format of the analysis each warning or direction presented in the manual will be titled as a Clause. Each Clause is then described from the perspective of the Magic Bullet Single Shot + appliance owner and also explained from the producer’s legal perspective. These clauses demonstrate that in the current environment the producer uses the instruction manual and web hosted policies to create a very strong legal defence that the owners of consumer goods have little to no chance at penetrating.
Legal Principles
To describe the specifics involved in the Magic Bullet Single Shot + appliance example and also relate information gathered from each perspective, basic legal principles are defined and applied to this context one by one. The breakdown of the analysis into understandable pieces that are then related to principles such as