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First Principles of Business Law |
| The contents of a contract |
| 2. Terms, opinions, puffery, and representations distinguished |
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2.4. Representations |
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Read the facts and the question and then choose the best answer. C says to D: "I need to paint my whole house and I don't want to spend a fortune." D, a paint retailer, replies: "I'm selling these tubs of paint at a special price of $30 each. In average conditions, this paint should last at least five years." C says: "That's a great price. I'll buy 10 tubs." Can it be inferred from these facts that it is a term of the contract that, in average conditions, the paint will last for at least five years? |
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| (a) Yes, the facts indicate that D's statement was intended as a promise. |
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(b) No, the facts do not indicate that D's statement was intended as a promise. |
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