Podcast
Questions and Answers
What is the primary consideration of a court when determining whether a representation is false or misleading?
What is the primary consideration of a court when determining whether a representation is false or misleading?
The general impression conveyed by the representation as well as its literal meaning
What type of representation can be considered misleading under the law?
What type of representation can be considered misleading under the law?
Written or oral representation to the public
What is the standard used to determine whether a statement is misleading?
What is the standard used to determine whether a statement is misleading?
Whether an inexperienced person would be misled
What are the two key elements that must be demonstrated to escape liability for misleading advertising?
What are the two key elements that must be demonstrated to escape liability for misleading advertising?
What is the threshold for determining whether a statement is materially false or misleading?
What is the threshold for determining whether a statement is materially false or misleading?
Flashcards are hidden until you start studying
Study Notes
Misleading Advertising
- To determine whether a representation is false or misleading, a court assesses both the general impression conveyed and its literal meaning.
- A representation can be written or oral and made to the public.
- The statement must be false or misleading in a material respect to be considered misleading.
- The test to determine whether a statement is misleading is whether an inexperienced person would be misled.
Liability
- To escape liability, one must show that they took all the care of a reasonable person.
- One must also demonstrate that they honestly believed the representation made was true.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
