Deuce Bigalow v. Happy Gilmore - Assignment Example

Happy Gilmore Vs Deuce Bigalow When Deuce Bigalow bought the product ‘Aligator’ from Happy Gilmore, it was clearly written on the box of the product that it is completely safe and that the ball won’t hit the player. Also, he was told about other features of the product and was assured that it won’t cause any sort of trouble for him. However, all the claims that Happy Gilmore made to Deuce Bigalow turned out to be false when the ball hit him on the head while practicing and caused an injury to him.

The theory that would fit in this and be the most suitable for Deuce’s case would be the ‘theory of misrepresentation’. The theory of misrepresentation suggests that false hopes and claims are made to the consumer about how a good a product is, or how well is it designed. In addition to that, the customers are told about how beneficial and safe it is for them to use the product, so that the sale of that product can be recorded and the new stock can be kept for display on the shelves. The claims are usually made by the businesses to its consumers when the product is being marketed, spammed or advertised through different sources to encourage people to buy the product and also to make their marketing campaign look better.

The case is pretty much the same with Deuce Bigalow as well; false claims and promises were made to him by Happy Gilmore regarding how well the product will function, how safe it is for him to use the product, the benefits of having that product, etc. so that the attention could be diverted from the weak points of the product and the problems that it would bring with it. This was mainly done to make sure that the customer buy the product in the first go, rather than thinking several times about whether the product will be of any use to them or not, before actually purchasing the product.

But since the information about the product is misrepresented to them in such a way that they are not able to do much about it in the start, but after they have seen the results and faced the consequences, if any, they try to make sure that they don’t fall for it again. Bibliography Mabry, C. R. (2006). Adoption Law: Theory, Policy and Practice. William S. Hein & Co., Inc. Thomas J. Kelleher Jr., G. S. (2009). Smith, Currie and Hancocks Common Sense Construction Law: A Practical Guide for the Construction Professional.

John Wiley & Sons. Tunc, A. (1983). International Encyclopedia of Comparative Law. Springer.