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Re:Nikola admits prototype was rolling downhill in promotion... by lordnacho on Monday September 14, 2020 @03:03PM (#24473820)
The law normally considers what a reasonable person would think, doesn't it? Who would think it was anything other than moving under its own power?
Re:Nikola admits prototype was rolling downhill in promotion... by xkjkls on Monday September 14, 2020 @03:12PM (#24473916)
It depends on the circumstance. In the case of an investor, there's much more assumed due diligence than just "what a reasonable person would think".
Re:Nikola admits prototype was rolling downhill in promotion... by lordnacho on Monday September 14, 2020 @03:43PM (#24474256)
If the guy shows you a video, are you gonna actually ask him whether it was what it looks like?

I guess you ought to kick the tyres on the real thing though.

Re:Nikola admits prototype was rolling downhill in promotion... by awb on Monday September 14, 2020 @04:00PM (#24474446)
Investors are supposed to conduct their own due diligence which could include talking to the engineers or setting up a demo under mutually agreed conditions at which point the difference between "in motion" and "driving" would be uncovered.

It's definitely not a good look though.

Re:Nikola admits prototype was rolling downhill in promotion... by duskwuff on Monday September 14, 2020 @10:13PM (#24477252)
Context matters too. No reasonable person would expect a company to post a promotional video of their vehicle "in motion" just to show off that it has wheels that can roll.