written in 1 document. * Pre-contractual statements * If statement made during contractual negotiation is incorrect: * Breach of contract only if statement is term of contract. * 3 classifications i. Puffery (not K) a. Terms not taken seriously ii. Representations (not K) b. Statements which induce to contract‚ but not guaranteed. iii. Terms (K) c. Statements designed to be binding‚ guarantee of truth. * If terms
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While Dean’s comment that it ran like new would probably be consider puffery and sales talk and therefore not a misrepresentation his comment that the boat was in great condition will likely be found to be a misrepresentation. Since the boat was in fact not in good condition. Sandra relied on this misrepresentation to her
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What is Advertising Advertising is a form of communication for marketing and used to encourage‚ persuade‚ or manipulate the audience to continue or take some new action. Most commonly‚ the desired result is to drive consumer behaviour with respect to a commercial offering. Commercial advertisers often seek to generate increased consumption of their products or services through "branding‚" which involves associating a product name or image with certain qualities in the minds of consumers. Non-commercial advertisers
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Chapter 4 actionable Capable of serving as the basis of a lawsuit. an actionable claim can be pursued in a lawsuit or other court action. actual malice The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. actual malice is required to establish defamation against public figures. appropriation In tort law‚ the use by one person of another person’s name‚ likeness‚ or other identifying characteristic
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A little overstatement in advertising is expected and is not a question of ethics By Cahill Abstract: The report will focus on the overstatement in advertising. From the question that what is advertisement‚ how did advertisement work‚ the role that advertisement play in the business world‚ to arguments for and against overstatement in advertising‚ and the influence on the stakeholders. Table of Contents Contents……………………………………………………………1 1. Introduction…………………………………………………
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* Advertising Business - Either using an agency or have your own advertising department/advertise on your own. Government - is a regulatory body‚ create laws to regulate advertising‚ things you can advertise and things you cant advertise Cigarete Comercials on TV Lobby – Corp trying to lobby gov. to change for the good‚ two forces‚ that think gov‚ is a positive thing and thinks its good for them to regulate everything and keep things in order. others who think the gov. needs to be smaller
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this frame prevents back forward cache in Safari Top of Form Reviewing Test Week 3 Exam #1 (Chapters 11 & 12) Started: Nov 6‚ 2013 8:52 PM Finished: Nov 6‚ 2013 11:22 PM - auto 1 of 1 Week 3 Exam #1 (Chapters 11 & 12) Total Grade: 108 (of possible 140 points) Question 1 of 140 Score: 0 (of possible 1 point) Ramblin’ Country Stables contracts to buy 1‚000 horseshoes from Blacksmith‚ Inc.‚ for $1 per shoe. When the market price decreases to 50 cents per shoe‚ Ramblin’ refuses to go
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Task 4 Scenario 1 Mr Madison‚ council tenant he applied to purchase his own council house from the tenant and he also had a letter from the Edinburgh city council saying that they might be prepared to sell the house for 2180.00. Mr Madison said that the path to the house was in a bad state and questioned the price they had stated. Mr. Madison then learned from the council that the price cannot be changed as it has been fixed according to the condition of the property. Mr Madison wrote in to the
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COM 107—Spring 2012 Agenda setting‚ framing: writing section (2-4 questions maybe) Final Study Guide Exam Structure The exam will focus on the material we have covered since Exam 2. You will be expected to answer some questions relating to material covered at earlier points in the semester. The exam will consist primarily of multiple choice questions and True/False questions‚ however‚ you will also be asked to answer a few (2 to 4) short essay questions. General * Be able to discuss
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management is pushing the sales reps to just go after the sale at any cost‚ reps could be looked at as unethical and even too pushy. Valley Winery management encourages reps to lie about how many cases of wine are sold to buyers. This is unethical and puffery. Pushing these sales reps to call their ethics into question‚ what does that say about management? Pat Waller‚ employee of Valley Winery‚ was recently promoted to sales manager of the San Francisco region ’s chain division. When he arrived‚ he
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