Asked by
Jessica M. Breitenstein
on Nov 29, 2024
Verified
Marcus is a salesman for Outdoor Life. He is telling a potential customer the virtues of a particular tent, by making the claim that "It's tougher than bears!" If this customer buys the tent, only to find it destroyed by bears in the campground,
A) she has a valid claim because she has justifiably relied upon the Marcus' representation.
B) she has a valid claim because Marcus had knowledge that his statements were false and the statements were made with the intention to deceive.
C) she does not have a valid claim because Marcus' talk was just sales puffery.
D) she does not have a valid claim because Marcus is not an expert in bears or tents.
Sales Puffery
Exaggerated or boastful statements about a product or service that are not meant to be taken literally and are thus not legally binding promises or warranties.
Justifiably Relied
A principle where a party's action or decision is based on another's representations or promises, perceived as reasonable.
Representation
The act of standing in for or acting on behalf of others, or the presentation of information in a particular manner.
- Understand the concepts of fraud and misrepresentation in contract law, including their types and effects on contracts.
- Acknowledge the role of significant facts in substantiating fraud in the inducement.
Verified Answer
BR
Learning Objectives
- Understand the concepts of fraud and misrepresentation in contract law, including their types and effects on contracts.
- Acknowledge the role of significant facts in substantiating fraud in the inducement.