I don't take offence. I didn't say I agreed with it, I'm just playing devil's advocate for Nissan. But I won't ever considering owning a Z.

But I will say there's a big difference between "Stretching a sport's car legs" and several hot laps around a race course, that defense will never hold up in front of an arbiter.

 

Your point is well taken. On that same note I believe that most car enthusiasts and even expert witnesses would agree that a performance vehicle should be able to with stand elevated motor and transmission temperatures with out catastrophic failure. Using the reasonable persons standard, it is well within the realm of believe that you should be able to drive a sports car spiritedly like it was designed to be driven. Nissan's Z line has a long racing heritage and has really instilled that in their current model 370Z. The customers were under the impression they were buying a piece of this heritage and a Nissan performance vehicle.

It is the obligation of the car manufacture to provide a degree of safely and quality. Being that this was foreseeable and some of their test vehicle were equipped with the proper equipment, clearly demonstrates the negligence on behalf of the manufacture. This risk is foreseeable and can be assessed, but was ignored.

The fact that this particular model was not equipped with this vehicle safety device would not alleviate its designers of any fault. This is clearly a manufacturing defect in which Nissan should provide its customers some type of compensation. As a previous owner of two Nissan motor vehicles I believe that it would behoove them to heed the advice of their consumers and remedy the problem at hand.