Canuck
Well-Known Member
I think what a lot of this boils down to is a combination of two things.
One is what a reasonable person, with a reasonable amount of knowledge, who did a reasonable amount of research, would have thought he or she was receiving.
That's interesting. You've taken the "reasonable person" test that applies to defendants and applied it to plaintiffs. So, in other words, even if a person had no idea about the hp number, did not buy it based on that number, if a reasonable person would have "thought he was or she was receiving it" then the claim will be successful. I don't see it that way. In my view, it will go this way:
1. Did Tesla advertise a misleading number with regard to hp? If not, case dismissed, if yes, then:
2. Was there "reliance" by the plaintiff on that misleading number (based on facts and not "reasonable person" test). If not, case dismissed, if yes:
3. Does the contract govern so as to preclude any and all representations made prior to entering into the contract and/or does the parol evidence rule apply. If yes, case dismissed, if not:
4. Damages to be assessed.
Of course, court cases are much more complex than this, and I am only providing my personal view of a very boiled down and brief summary, but this how I see it. In North America at least, this seems like a very tough case.
I also think the Scandinavian situation won't turn out much different, at least if Tesla wants to be like Apple and force the issue through the Courts. The actual reality of the process in Scandinavian is quite different than what are what we are being told here by some of our Scandinavian fiends (with good but misinformed intentions I am certain). Perhaps for small disputes, their process works fine. But it seems large corporations have found out they have no teeth, to the point that even after making decisions the Scandinavian regulators try to mediate settlements or face litigation:
The consumer protection regulators of Norway, Sweden, and Finland met with Apple in September 2006 in hopes of resolving the issues without litigation,[SUP][240][/SUP] but the matter was only resolved after Apple discontinued its FairPlaydigital rights management (DRM) scheme.[SUP][241][/SUP]