Don't think this is the point. Calling something Oranges, and then saying "they're not really oranges, but an approximation, but we call them oranges bc it sounds cool" is still fraudulent in my view.
Why wouldn’t a buyer be justified in relying upon a sellers description of the goods for sale?
With that in mind it seems that you are not thinking about the Rst. 2d Torts 540 duty to investigate rule. I can be justified in relying on something (e.g., your intentionally misleading name for the feature) even if an investigation would have shown the misrepresentation was false. Instead of “totally fine and legal” I would say that this is “a fact-dependent situation.”
Do you believe that selling something called Full Self Driving that actually could not drive itself fully is within the duty of good faith and fair dealing? This sidesteps the issue of the tort of fraudulent misrepresentation and goes right to the heart of the customer confusion a product like a Tesla sows.
If you want to sit here and tell me that the contract actually says the car can't drive itself, that's fine but my hypothetical had nothing to do with a caveat in fine print. I suggest before you make a personal attack, you do your best to read the regular-sized print that I delivered to you. The website which you are using this twenty-hour old account to troll has some rules, too, and you would do better to study those rather than to try to contradict me.
>The conduct of delivering something that is not what you advertised fulfills the elements.
The issue is what was promised. The promise is not just the title of the feature, but all of the information presented to you when you buy a Tesla.
And I’ll contradict you all day if I want because you’re not just wrong, but clearly suffering from Elon Derangement Syndrome.
You’re clearly not a lawyer even if you role play one online.
Your negative one karma over the last 24 hours tells us everything we need to know about you, leaving my licensure status aside.
Seller Assumes Liability for Injury†
†Seller Assumes No Liability for Injury