K
Karl H
, I tend to think of the world in different terms as well. A good example of how things work here in America can be seen on any Bladeforums threads/topics that have more than a few posts. The threads lose their way quickly, and the direction gives way to debate about how someone expresses themselves, what language they use, do they use the popular vernacular of this community, and then the great debate starts about the actual debate itself with the intention and direction of the topic being long lost. (Usually around here it devolves into a lot of chest thumping and personal attacks... )
And we are indeed a society that has mastered Google-fu. Most folks have at least one belt in that art, some have several. You can earn them by endless Google searching to find support for you and your views.
Running my company I am responsible for all contracts, their content, their legality, the ability to enforce them, and if need be, go to court to defend them. Over the last 40 years of self employment I have learned this in providing information to my clients, which ties in DIRECTLY to contract law:
1) More information can mean more litigation. Say only what you need to, being clear and providing enough information to satisfy the exact job
2) More information leads to more interpretation. You cannot imagine the boundless ABSURDITY that lawyers will go to when they want to make a buck. Example: "OK, Robert, it says in your contact to paint the house that the client should wash their house (or pay to have it done) every 3 or 4 years in order to remove the dirt and grime that accumulates in order to help preserve the integrity of the paint. Is there something wrong with the paint job? Is there something wrong with the paint? Is the paint not applied correctly and you are trying to get the client to cover that fact up? More importantly, if this is an issue with this paint (and your work) why doesn't the paint manufacturer recommend or even suggest that their paint be washed?"
I used to put that in a contract in order for the client to extend the life of their paint job. Clean surfaces don't hold water or grime, don't mold, and don't deteriorate as quickly as dirty surfaces. It was meant to be helpful and informative. Yet my client used a power washer with a concrete cleaning tip to wash his house and some of the paint was damaged. It was asserted that since I had specified a maintenance requirement (spelled out as a recommendation) that I should have provided specific instruction on how to power wash the house. What type of equipment, what type of detergent, use of both, and a specific schedule of when it should be done. And it was back to "if this is important, why doesn't the manufacturer require it?"
It all stems around the fact that the manufacturer can void their material warranty if they find mold (excessive moisture), the wrong application of the product, or any instances that they find he user to be negligent. So in the manufacturer's literature they are
inexact about what their product can be used for (global descriptions only), but
very exact about what violates their product warranty. So the attorneys twisted that around to mean that the paint company knew their limitations all along (say, like "don't use latex wall paint on a concrete driveway") but were deliberately unclear about it when in selling mode. (
This is based on my personal experience with my client, Colonel XXXX United States Army, Retired, and me using Sherwin Williams paint)
Never, ever underestimate the stupidity and the lack of personal responsibility of most consumers. Back in the 60s when I bought a knife, my CASE knives came in a little box with a tiny card with information on how to contact CASE if I needed to. Probably about 5 sentences long. Now, depending on the knife, you get a small piece of literature on the knife. Then it was found that not all purchasers spoke/read English, so the information came to be printed in multiple languages. That has been found to be a small roadblock against litigation since many people don't read the instructions. So then, it says on the packaging of most consumer products to read the instructions before using. (I bought a pry bar that came with instructions a couple of months ago!) Then it is found that many can't read, so they put a 1-800 help line on the package.
I used to have a buddy that was an authorized Benchmade and CRKT dealer. He dealt with the morons that used their knives as pry bars (literally), screw drivers, scrapers and throwing knives. When they brought them back to him, they relied on the marketing hype of "this knife will take anything you throw at it" as their defense.
If you specify all the exact parameters you want to see in your knife description, you will literally be setting up the test parameters for every YouTube testor, every nitwit "knife influencer" with a camera, and anyone else that want to challenge or hopefully break a product in order to get "eyes on". Imagine the litigation...
Robert