Which of the following statements about sales puffery is true?
A) The difference between sales puffery and statements of fact is easy to distinguish.
B) Misrepresentation cases are judged on the use of standardized words and phrases.
C) Generally, the less knowledgeable the customer, the greater the chances the court will interpret a statement as actionable.
D) A salesperson's statements of puffery should be taken at face value and considered factual.
E) Puffery typically occurs when a salesperson deliberately makes erroneous statements.

Question

Quizplus · Accepted Answer

Puffery is a legal concept that allows salespeople to use hyperbole or exaggeration when promoting their products, without being considered as making legally binding factual statements. Courts often consider the knowledge level of the customer when determining if a statement could be misleading, with less knowledgeable customers being more protected under the law. This means that statements made to less knowledgeable customers are more likely to be considered as potentially misleading or actionable if they rely on the exaggerated claims.

Which of the Following Statements About Sales Puffery Is True