Maybe, if all that is within the four corners of the contract. I don’t think that’s what we are talking about here; our current discussion seems to involve the marketing name of a car feature (full self driving) and the technical functionality that name represents.
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.
