Rene owns a small restaurant that sells hamburgers as one of its main attractions and puts up a sign that says "Best Burgers in the County." Marion does an exhaustive investigation of all restaurants in the county and asks friends to do the same.They all determine that actually a restaurant run by their friend Sam has the best burgers in the county.Marion tells Rene that unless the sign is removed,Rene could be sued for breach of warranty and false advertising.Rene tells Marion no one has cause of action.Who is correct?

Question

Quizplus · Accepted Answer

Marion is incorrect because Rene's claim of having the "Best Burgers in the County" is a subjective statement and is considered puffery. Puffery is a promotional statement or claim that expresses subjective rather than objective views, which no reasonable person would take literally. It's a common practice in advertising and is not considered false advertising or a breach of warranty.

Rene Owns a Small Restaurant That Sells Hamburgers as One