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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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2.6. Puffery |
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Read the facts and the question and then choose the best answer. A, a retailer, says to B: "These 20 litre tubs of paint cost $40 each. This is a fantastic paint that lasts extremely well." B replies to A: "That sounds like what I need. I'll buy 10 tubs at that price." Is it a term of the contract that the paint is 'a fantastic paint that lasts extremely well'? |
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(a) Yes. In the circumstances it can be inferred that A's statement was intended as a contractually binding promise. (b) No. In the circumstances it cannot be inferred that A's statement was intended as a contractually binding promise. |
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