No that's not how the 3SR works. In my fictional dataset of 100 shots if one shot were 1.6moa and several 1.1/1.2 it fails the test but change that single shot to 1.5 with the same number of 1.1 & 1.2 moa and it passes the rule. the mean for my fictional dataset was 0.614moa.
I'd suggest that, were this hypothetical not clearly defined "1 moa" guarantee at point of sale to be tested in court the rifle could be shot from a test rig / lead sled to illuminate the shooter as the rifle was guaranteed, not the shooter.
The more interesting argument would be over the ammo, would it be reasonable for a manufacturer to test using custom ammo? or should 5 batches of factory 20 be shot?
I Have significant experience in applying the rule to MBS's not rifles but I think the rule would be considered appropriate by most judges.