When Jessie went to buy a new car, she asked the salesman how many miles to the gallon it would get. He replied that it would get “between 30 and 35 m.p.g. in the city and 40 to 45 on the highway.” Delighted, she bought the car. The very best the car ever did, even in highway driving, was 27 m.p.g., and Jessie was upset. When she threatened a lawsuit, the dealership pointed out the following three clauses in the contract she had signed that it relied on to avoid liability. This contract said nothing about miles per gallon of gas. What effect do the following clauses have on Jessie’s claims and what can she argue?
“The dealership reserves the right to cure but will not compensate customers for costs of any cover exceeding $100.”