Puffery as a legal term refers to
promotional statements and claims that express
subjective rather than
objective views, such that no reasonable person would take literally. Puffery is especially featured in
testimonials.For instance, a
diner advertisement promoting the “world’s best cup of coffee” would classify as puffery. That claim would be almost impossible to substantiate, and no reasonable
consumer would take such exaggeration at face value.Puffery often uses the
superlative form of a word, like “best” or “greatest”. However, a company making a superlative claim such as “cheapest” or “safest” usually has to substantiate such competitive claims. Merchants must exercise extreme caution when making statements about the quality, condition, or facts about their
products or
services. A slight variation in wording may result in an
express warranty.
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A term in a sales or services contract in which the seller defers to the buyer the sole and unilateral discretion as to whether or not the goods or services tendered are acceptable. In the event the price is not paid, no cause of action exists unless the buyer acting in good faith is satisfied, no matter how good the goods or services are in terms of quality. - (
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