Research Paper on Misinterpretation in Marketing: Types & Effects

Introduction

In a business setting, the party's involved only trade after their conditions are met. This implies that if one side is not satisfied, they may opt out or the other parties involved may shift their terms to suit the expectations of the other party. In some instances, a client may be fooled into thinking that their demands will be solved by the company that they are dealing with. This is called misinterpretation in marketing. There Rae several types of misinterpretation in marketing, depending on the way the act is done.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

Innocent Misinterpretation

This is a type of misinterpretation that is involved when two parties agree to a contract, and the party that offers the deal includes some details that are untrue without their knowledge that it was false at that time (Arks, 2016). Taking an example of when a party includes a statement that has a significant effect on one contract but has no consent of the statement. It happens when the party does not have very fine details about the contract. In other circumstances, the facts may change with time.

An excellent example is when an individual plans to import a car, but the changes in tax charges occur, making the car to cost even more. In such a case, the side that offers the contract did not know about the change and did not predict it. The individual who has been on the other side of the deal has to accept t the terms because the inducing parties have no control over the changes.

In some cases, the individual who induces the contract has enough ground to prove that the terms of the agreement are true. Such an incident needs the person to explain the idea that he has and if it is proven that their grounds are properly based, then it can be termed as innocent misinterpretation in marketing. A perfect example is when a firm that imports cars agree to import new cars to a customer. A new car is expected to have z mileage reading of zero and no internal defects. The client is expecting that the firm will deliver according to the contract that he has agreed to. In addition to that, the firm may also think that imports are in perfect condition. With the new technology, however, it is possible for the mileage of a vehicle to be altered with. In such a case, the firm may sell the vehicle to the customer only for it to be discovered later that the vehicle was not new. The contract was, therefore, a case of innocent misinterpretation. Though the client did not apply for such a commodity, they may not get it. The case is not as serious as fraudulent misinterpretation and can be forgiven by the law.

The second cases of negligent misinterpretation. This is an instant when a person makes a statement without regards to the facts. In such an instance, the person does not intentionally say that a fact is untrue but has made the statement to appear as if it is a truth. They, therefore, influence the client to agree to the deal (Lenah's & Dukakis, 2019). An excellent example of such a case when a homeowner intends to sell a housetop a potential client and claims that the house is safe and in good condition. To entice the customer, the homeowner adds the fact that the house is in a quiet place that is free from any form of noise. Upon proper investigation, the client finds out that the building next tout is under construction, and a lot of noise is emanating from it. Such details that were given to the client may appear as normal marketing terms, but on proper investigation, they are untrue, and they may have been the main reason why the client wanted the area.

If the client decides to sue for the act, the court may claim that the seller used false terms to entice the client to accept the deal that they had. One of the most common cases that have hit the headlines of many news is suing of Syngenta Company for such a mistake. The company deals with the sale of genetically modified seeds and was recently sued by various farmers because of hindering the United States from exporting corn to China. Syngenta made corn that is resistant to diseases and pasta that are known to reduce the overall yield of the crops. The drug-resistant strains were made and allowed in the USA but are not yet legal in China because they are genetically modified. The firms in China say that they cannot accept maize from the farmers in the Unnoted States because they are genetically modified.

Theta has banned many farmers who used to previously sell core to China from doing the business because as long as they find out that the crops were planted from seeds made by Syngenta, they turn down the deal. The ban has affected farmers, exporters, and sellers of the maize, and they recently sued the company for the production of the maize. They claimed that they are suffering from loss after they purchase a product that they cannot resell.

Fraudulent Misinterpretation

This s the third type of misinterpretation that involves the use of tricks to influence a person into a business deal (George, 2018). An example is when a person cheats another that they are selling golden bars, and the buyer agrees to the terms and conditions. The seller is, however, not straight in their dealings, and they have only coated the bars with gold. In such an instance, the client has the right to sue the seller of the golden bards for their crime. It is not just that the misinterpretation is made from the speaking but can also be guttered, or made through silence.

An example of when it is made through silence is when an individual refuses to state the full facts about a contract. In one of the examples given above abbot the importation of vehicles from a firm and they are tampered with to make them appear as if they are new, the firms that tamper with the vehicles is considered a fraudulent firm. They do not state the full terms of the agreement that the vehicles are not new but only do it so that they can have monetary gain. Due to the seriousness of the issue, it is a crime that issued in many courts all per the state. It nullifies the contract immediately upon being proven by the parties involved.

To prove it, several things have to be put forward as evidence. Hearty that sues for the case has to show material evidence that they were in a contract. This means that they have to show signatures, files that show the terms and conditions of the agreement, and other markers of agreements. Once the court has agreed that the two individuals agreed, the defendant has to show the slot where the agreement was tampered with to fit in terms with the agreement. It is called a false premise, and it makes the basis of the case at hand. It has to be proven by facts and the expectations that the company has. Apart from that, reckless disregard has to be shown. One of the major considerations in a court case is the motive that the other party has to make such a deal. In such an instance, the person who made the contract has to show some material gain that they were bound to get. In the example of gold coated metals, the suing parties have to show that the other members of the contract were bond to gain material gain from selling the fake gold to the people. Finally, the damages have to be proven. This means that the parties have to show how they suffered from the contract that they made earlier.

Upon providing all the information as mentioned above, the contract can be cancelled, and the terms of the agreement nullified due to the lei. In addition to that, the offending ends may be asked to pay for the damages that they have afflicted. An illustration s given y the case of me Edwards against Mr. Ashik. The two men were in agreement involving the sale of a bar. Mr. Ashik was to sell his club To Mr. Edwards. In the agreement, Edwards was to buy the club from Mr. Ashik, who claimed to be the legal owner. The man agreed, and they set a price that they had agreed to. In addition to that, the sale father club was to be carried out using a cheese after which the club would change possession. It was later found out that Ashik was not the club owner and was only in the business as an unsolicited seller. When asked in questioning about the act, he claimed that the buyer was not influenced to buy the club and brought himself to the deal himself...