First Principles of Business Law

The contents of a contract
2. Terms, opinions, puffery, and representations distinguished

2.5. Opinions

 

 

 

Read the facts and the question and then choose the best answer.

X, a retailer, says to Y: "These tubs of paint cost $45 each. That's expensive, but in my view this paint gives much better coverage than cheaper paints."

Y replies to X: "That sounds good. I'll buy 10 tubs."

Is it a term of this contract that the paint sold by X to Y gives better coverage than cheaper paints?

 

(a) No. In the circumstances, what X has said should not be treated as a contractual promise.

(b) Yes. In the circumstances, what X has said should be treated as a contractual promise.

 

 

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