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.

Question

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.

Quizplus · Accepted Answer

Marcus' statement "It's tougher than bears!" is an example of sales puffery, which is an exaggerated, blustering, or boastful statement that a reasonable person would not take literally.

Marcus Is a Salesman for Outdoor Life