5 Questions
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?
Written or oral representation to the public
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?
Taking all the care of a reasonable person and honestly believing the representation made was true
What is the threshold for determining whether a statement is materially false or misleading?
False or misleading in a material respect
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.
Test your knowledge on determining false or misleading representations in advertising. Learn about assessing the general impression and literal meaning of statements, as well as the criteria for a statement to be considered misleading. Explore the concept of liability and the care required to avoid it.
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