Bad Assumption Mike (archive)

Its pretty much black letter law (at least in the U.S.) that such a disclaimer will not relieve a seller of liability with respect to published information about a product that the seller knows, or should know, to be untrue. Of course Jaguar has the right to change the features or specifications of a car after it publishes data about that car, but once published data becomes no longer correct, then the company has a duty to correct the record. The more important the data, the greater the duty to make the correction. Given the market segement within which the X-Type competes, I beleive that data concerning acceleration and horsepower are important to many potential buyers (if not you or me), and I think that Jaguar is acutely aware of this. Bottom line, if Jauguar knew that the acceleration and horsepower data were incorrect or misleading, then it has legal exposure, in terms of penalties to Federal and state regulators, and damages to consumers (e.g. class action litigation). If there is a reasonable explanation for the X-Type's performance discrepancies, than Jaguar should provide it.

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