(1) It's not incumbent for people to have already known that. But it's established that most people know that. Have you ordered a car made-to-order before? Have you ordered a car Amazon shop-cart style with a changing inventory list, from a manufacturer selling direct with no dealership network before? And as in your admission that you did not know that at all before deciding to buy one, did you still not know that afterwards - the moment after placing order either online or via SA in a showroom? Or did it come as a surprise 3 weeks later when the car still didnt show up in your possession?
Just a reminder I did not at all absolve Tesla for not delivering on time, but with the information sharing that goes on today, I am saying nobody should feign surprise when their vehicle are not delivered on time.
(2) What you thought was fair, means you have a cognition for judging value. So we should value that cognition, no? There are tons of consumer examples of "mistake" air fares, accidental cash deposits in peoples bank accounts, etc, and many of them dont end up siding with the consumer. It's not the consumers error that leads to those scenarios, but its reasonable expectation that consumer recognize those scenarios as erroneous. Your 10k monthly paycheck balloons to 100k in the bank statement because somebody fat-fingered an extra 0, you should know that the 90k doesnt belong to you. (totally different scale, admittedly). Again, the fault here lies on the side of Tesla, but if I was judge i wouldnt force Tesla to eat the entire mistake.