blair

There appears to be an inherent misrepresentation by Nissan in making a factory oil cooler equipped car available to Car and Driver. As shown in the Car and Driver 370Z At-A-Glance Test Results .pdf posted on this site--http://www.the370z.com/images/370zfo...san%20370Z.pdf --the car supplied by Nissan for the test had both oil and differential coolers listed as a factory “options” for $500. estimated each. Nissan had to know that consumers would use the information derived from the test in making their decision as to whether to purchase the car. If Nissan told Car and Driver that the coolers were available options, knowing that it would be communicated to potential buyers, and that the availability of the coolers or the performance of the cars with coolers was a material fact in the purchasing decision, they could very well be liable for “fraud in the inducement’. The remedies for a “fraud in the inducement” could include rescission of the purchase—i.e. they would need to take the car back and refund all of the sale price. I believe that a legal action for rescission on behalf of all of the purchasers to date who had experienced oil temperature problems because they did not have, and could not acquire, the coolers could be a very powerful inducement to Nissan to do the right thing.