caveat emptor

caveat: may he/she beware. emptor: buyer. caveat emptor is Latin for “Let the buyer beware”. Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods.

The phrase caveat emptor and its use as a disclaimer of warranties arises from the fact that buyers typically have less information than the seller about the good or service they are purchasing. This quality of the situation is known as information asymmetry. Defects in the good or service may be hidden from the buyer, and only known to the seller.

caveat emptor is a short form of Caveat emptor, quia ignorare non debuit quod jus alienum emit: “Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party.” 

A common way that information asymmetry between seller and buyer has been addressed is through a legally binding warranty, such as a guarantee of satisfaction.

obligation to inform

The Germans have a legal term called Auskunftspflicht. Auskunft means information. Pflicht means obligation. Auskunftspflicht: the obligation to inform. When Germans persuade, convince, present, sell, the consciously Germans present the full picture: what works and what doesn’t work. Anything less is unprofessional, dishonest, and most certainly not persuasive.

Ambivalence

The Merriam-Webster dictionary defines ambivalence as “simultaneous and contradictory attitudes or feelings (as attraction and repulsion) toward an object, person, or action; continual fluctuation (as between one thing and its opposite); uncertainty as to which approach to follow.”

Attraction and repulsion. Germans are attracted by logical, well-researched and -argued statements. But they are also attracted by personal appeal, by a speaker who is both appealing and appealing to. Appealing to as in reaching out to.

Germans are repulsed by an imbalance between rational (objective) and personal (subjective) appeal. Mehr Schein als Sein, which translates into more appearance than substance, is a severe criticism. But they are also repulsed, perhaps moreso, by a sophisticated and effective appeal to emotions, to the less rational.

Germans are also capable of persuading by placing themselves front and center, by establishing a personal connection, by appealing to emotions. They choose not to, however. They choose not to teach, train or reinforce it. Ambivalence. They can and often want to, but are wary of the negative effects. Instead, Germans feel the need, the obligation, to constrain themselves, to not go there.

Why? Partly it is their strong scientific, rational, intellectually rigorous approach. Partly it is their belief that persuasion should not be deceptive. Appealing to human emotions – pushing all of the right buttons without the listener being aware of it – is a form of manipulation.

For if the listener is not aware that their thinking is being steered by their emotions, she is not in a position to freely choose to accept or reject the arguments presented. That person is reduced from subject to object. Deception. Manipulation.

Angela Merkel

Sunday. September 26, 2021. Federal elections in Germany. Angela Merkel, after sixteen years in office, four consecutive terms, had decided not to run for re-election. In a few weeks we’ll know who her successor is.

Serge Schmemann, one of the world’s sharpest observers and analysts of events in Germany, and in Europe, wrote about Frau Merkel:

“These traits of honesty, modesty, discipline, persistence and reserve would seem almost quaint elsewhere, in New York City, say. But when someone facing almost insurmountable political odds — as a woman, an East German and a scientist — rises to the pinnacle of German power and stays there for four terms, there’s something for America and other democracies, where decent people are increasingly shunning politics, to learn and emulate.”

Respected in Germany

Robert H. Goddard, now considered the American father of modern rocketry, was often mocked and ridiculed by his fellow Americans during his lifetime, but was well-respected in Germany, largely because of his persuasive techniques.

Early in his rocketry research, Goddard funded his own testing, but as his work grew in scope he began to seek outside funding. However, as a publicity-shy man who tried to keep media-focus on his work instead of himself, most of his attempts to solicit financial assistance failed, with the exception of the Smithsonian Institution, which agreed to grant Goddard modest funding.

In 1917, Goddard made several proposals to the U.S. Army and Navy about the possibility of his rocket research being used in the military. Although both organizations were interested, the only one of Goddard’s proposals that he was allowed to develop was his idea for a tube-based rocket launcher to be used as a light infantry weapon. This launcher became the precursor to the bazooka.

After WWI, Goddard returned to researching rockets, and in 1919 he published a book titled A Method of Reaching Extreme Altitudes. As part of this book, he mentioned the possibility of sending rockets to the moon. At the time, this was considered an outlandish and impossible suggestion. Although this was only a small part of the book, Goddard was soon subjected to what David Lasser, the co-founder of the American Rocket Society, called the “most violent attacks.”

In 1926, Goddard successfully launched the world’s first liquid-fueled rocket. Partly due to Goddard’s poor reputation and partly due to his media-shyness, this launch was largely unnoticed. In 1929, following one of Goddard’s rocket launches, a local newspaper mockingly printed the headline “Moon rocket misses target by 238,799.5 miles”

Although Goddard had difficulty convincing Americans that his ideas were useful, his work was very persuasive to Germans, and it wasn’t long after his book was published that Goddard began receiving queries from German engineers asking about his work. Initially Goddard answered these queries (his help is even acknowledged in Hermann Oberth’s 1923 book Die Rakete zu den Planetenräumen) , however, increasing aggression from Germany began to worry him, and by 1940 he had stopped responding to the engineers’ questions.

Realizing that he may have inadvertently assisted in German development of long-range missiles, Goddard attempted to warn the U.S. Army and Navy about a potential German threat from rockets. Although Goddard was not able to sell his idea that long-range missiles were a possibility (both organizations considered his warnings too far-fetched to be worth contemplation), he was able to sell himself well enough that between 1942 and 1945 the Navy employed him as Director of Research in the Bureau of Aeronautics, where he worked developing experimental engines.

Why Every NBA Team Needs an Australian

The safest way to win an NBA championship is to land one of the league’s few unstoppable players. But even superstars require the right surrounding parts. They are the Australians. And every team in the NBA could use one.

Australian players tend to be the opposites of most American players. They don’t seek superstardom. They actively avoid attention. They excel in the egoless roles that most players reject.

Aussies can be so obsessed with their teams, in fact, that individual awards make them uncomfortable. They want to win more than anything else. “The kids in the U.S. are told from the time they’re 12 years old that they’re the next Michael Jordan.”

understand-culture
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