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Sly Salesperson sells cars. While selling a car, Sly Salesperson tells the potential buyer that this is the best car around. It's a great car
- Sly Salesperson sells cars. While selling a car, Sly Salesperson tells the potential buyer that "this is the best car around. It's a great car and sips gas." The car has an average fuel rating. Has Sly Salesperson committed a misrepresentation? Fraud? Why or why not? Does the analysis change if Sly Salesperson says the car get 40 miles per gallon, but in fact the car only gets 30 miles per gallon?
- What factors have courts considered when evaluating factual statements versus opinion-based statements? Could there still be liability for purely opinion-based statements?
- Explain what the Robinson-Patman Act prohibits, what is required to show a violation, and what the defenses are.
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