What is "puffing"?
In the context of the law, not cigarette puffing. Any sort of help would be greatly appreciated. Thank you.
Answers:
"Puffing" is a statement of pure opinion that has no legal ramifications (you cannot use over the statements). Example: "This is a great car for the money!" If the car's Blue Book value is $1,200, and you are paying $1,205.00 - that's puffing. If the car is worth $3,000.00, and you're paying $1,215.00, it is not puffing, it is truly a good deal (and why would you sue - you just made $1,785.00). If the car is worth $200.00 and you're paying $1,215.00, then that is not puffing - it is a lie.
The only legal context that I have heard "puffing" as a term is as it relates to fraud in the context of the sale of a good or service.
Basically, in the law of fraud, they discuss "puffing" as an alternative to a knowing misrepresentation. Basically, puffing typically is used to refer to a somewhat vague standard-less statement as opposed to an outright promise. It is one of those, you know it when you see it type things that tends to be very fact specific and hard for judges to put into words a general test for puffing versus fraudulent misrepresentation.
The legal expression is, puffery.
It's like a commercial that says you can't tell the difference between this margarine and butter. Everybody knows that's a bunch of crap. But puffery is allowed by law.
The hair-product ad that shows you this rich luxurious mane on a gorgeous actress promising you the same, when you know durn well it's not going to happen.
The law allows puffery only because one of the first principles of marketing is,
Caveat emptor!
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