Sun,
We may have worn out this topic but let me give you an analogy to think about.
You are driving a car, a Toyota, in its 3rd and final year of warranty. The transmission falls out, you go to the dealer, he is nasty and stupid and he replaces the transmission, poorly, and inadvertently leaves something loose in the engine. You are back several times and eventually have to sue. You walk into court and the judge asks you for your standing to sue. You show him your purchase contract and the warranty. He then asks you for your cause of action, you submit a brief describing the breach of the warranty service contract and appended documents. He asks you for your damages and you want X amount of dollars, and you want an extra Y amount of dollars.
The judge asks why do you want Y dollars extra? You play a short video tape of Toyota commercials, all of which end with "Fun to drive, Toyota!" You look at him gloomily and say, "I'm not having any fun."
Obviously the commercials, or print ads, are not going to have legal authority in this case. Your case is going to be decided on the basis of what is or is not in your contract, the facts of the case, and what previous legal authority has to say about warranty law (precedents). It won't get into vague areas of feeling like "Fun to drive, Toyota!" [fun for whom? how much? what is fun?]. You have an agreement with Toyota, spelled out, you feel there's been breach. You want your rights enforced and damages paid.
"Your Honor, I'd like to sue to have the parking laws of Three Forks overturned because sometimes I'm just short of quarters and I have been endowed by my Creator with certain inalienable rights to life, liberty and the pursuit of happiness and I'm just not happy parking 6 blocks away and walking in the rain--I've got a bad leg, you see--I understand that they may be constitutional in terms of the Constitution, but what about the Declaration of Independence? Can't I have that enforced here?"
Kb |
