Quote:
Originally Posted by Dadhawk
99% was hyperbole to prove a point
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Your blanket statement "99% of the time the owner's name is on the sign outside" indeed was an exaggeration, but it did not prove any point as far as I can tell, besides exposing the total opposite as truth.
We'll agree to disagree, however a yes with a qualifier is still and arguable yes. The argument here is not whether the dealer made the error or not. We know the dealer made the error. The question is, can the manufacturer be held liable for an error that the dealer made. In this case, can the manufacturer be held liable for damages cause by the dissemination or lack thereof of information or training.
The answer to that is of course, yes.
The fact of the matter is, all the information is internal between the dealer and the manufacturer and you nor I know what each of them knows between them so we cannot make the judgement. Toyota will never admit that they knew there was a problem or that information was not given adequately or that they knew there was a lack of training. However there is a possibility that we can plausibly place liability on the manufacturer. Whether or not it goes through is up to a judge. Ergo, a Yes with a qualifier is still an arguable Yes.
I am glad you brought up the HVAC example because I am in fact a control systems engineer by trade and have worked with HVAC retailers, sub contractors, integrator, and the manufacturers.
The problem with your analogy is HVAC manufacturers are able to sell directly to customers (if they so choose), through other retail channels, and to integrators (like myself) and sub contractors.
Because of this there is no direct Franchise for HVAC manufacturer like there is for car dealers. In that industry everyone knows there are people who make AC units and people who sell and work on AC units. There is a clear distinction. There is no Trane of Katy.
Car manufacturers for the exception of Tesla are barred by law to sell directly to consumers so their only channel is through a direct dealer (for brand new cars).
You don't need to say "Toyota" in order to confuse people. Toyota of Katy is enough to have people mistaken, and it routinely does. I'm sure there is a reason why they are unable to say "Toyota" only whether it is a clause in the franchise agreement or a statute by law. That doesn't remove the fact that people do and are mistaken into thinking the two are synonymous. Many people know the difference, but not everyone does. That is a fact.