91) Which of the following statements about misrepresentation is most likely true?
A) When salespeople loosely describe their product or service in glowing terms, those statements
can be relied upon by the potential buyer.
B) Generally, the more knowledgeable the customer, the greater the chances the court will
interpret an incorrect statement by a salesperson as an actionable misrepresentation.
C) When a salesperson makes claims of a “factual nature” regarding a service’s inherent
capabilities, the law does not treat these comments as statements of fact and warranties.
D) A salesperson’s opinion about the quality of the product being sold is known as sales puffery
and is legally actionable.
E) Even if the salesperson misrepresentation statement is made innocently, many courts will
award damages to the customer.
92) Which of the following statements about sales puffery is true?
A) The difference between sales puffery and statements of fact is easy to distinguish.
B) Misrepresentation cases are judged on the use of standardized words and phrases.
C) Generally, the less knowledgeable the customer, the greater the chances the court will
interpret a statement as actionable.
D) A salesperson’s statements of puffery should be taken at face value and considered factual.
E) Puffery typically occurs when a salesperson deliberately makes erroneous statements.