OR, maybe those who pay the extra $5K treating it as a temporary fix for the car (as in, the car it's broken since it delivers only 2/3 of the advertised power). If you bought a new car and the transmission went out and you couldn't get the manufacturer to fix it as part of warranty, you might consider paying for a new transmission so you have something to drive while you figure out what your options are to get compensated, no? ;-)
In your example, you're talking about my having been sold a car which ends up with a broken transmission, an issue which can be made right, or whole, by putting a new transmission in it.
In my example, I'm talking about a car which was sold to me, and said to have XYZ horsepower, and I'm claiming that it actually doesn't, and
nothing practical can be done to make it have that amount of horsepower.
Well that analogy won't quite work, because we're talking about goods which were "never delivered", i.e. 691hp,
vs disputably "defective goods" which were indeed delivered, but which failed while under the warranty period.
I would in fact consider paying for a new transmission until I could fight the manufacturer, if there were a dispute about the warranty, and whether or not I was within the warranty agreement and had operated the car under the stipulations of the warranty.
I will have paid for a new transmission, but at least I'm made whole until I can have the issue mediated, ...even though I had to step up and open my own wallet to do it.
At the end of the day, I'd have a car with a perfect "new" transmission in it, which is what I was supposed to have had in the first place. I'd then take the matter to a higher level.
However that is an entirely different matter from paying for goods which I'm arguing that I never, ever, ever received, namely 691 horsepower, and then opening up my wallet and pulling up more money, knowing that even after that additional money, I
still won't receive the goods (691 horses) that I'm arguing that I had originally paid for and was entitled to, but did not get.
So in effect, I'm walking into a situation knowing that after all the smoke clears, after I open my wallet yet again, I still won't be whole,.... still won't have my 691 horsepower, even after spending the extra money.
But I'm going to do that anyway? Especially if part of my argument is that I was deceived to begin with?
You are partially correct that Ludicrous could help Tesla put it to bed. They could settle it by offering to upgrade people who bought based on Tesla's own 691hp advertising the full Ludicrous (including 90KWh battery) - so you still don't get 691hp but you get 532hp (the most any Model S can put out) and an extra 5KWh battery capacity to compensate for the missing 159hp. Probably not everyone would go for it, but I suspect most would.
And what of the ones who went ahead and paid?
Should they then come back and argue that they had to pay for what Tesla gave to others for free? Others who were in the same boat as they?