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by falseeq 1157 days ago
Yes, good faith and fair dealing has nothing to do with this and shows that while you may know enough to pull out the restatement, you don’t really get the law. Good faith has to do with conduct in the execution of an agreement that undermines the deal without seeming to technically violate it. It doesn’t have anything to do with putting caveats in fine print.
1 comments

False, of course; a bait and switch contract is a violation of the implied duty of good faith and fair dealing. The conduct of delivering something that is not what you advertised fulfills the elements.

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.

It’s very clear when you buy a Tesla that the car does not completely drive itself without human supervision. It’s part of the agreement, and the use of FSD as the marketing name of the feature doesn’t change that.

>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.

Amazing. Every word of what you just said was wrong, etc.

Your negative one karma over the last 24 hours tells us everything we need to know about you, leaving my licensure status aside.

And for what it’s worth, even were I not a lawyer, I would know that the use of the word “clearly” is a dead giveaway for a loser argument.