Maxim 5.5.11
Those things which are said for the sake of commendation in sales, if they are plainly apparent, do not bind the seller.
Ea quae commendandi causa in venditionibus dicuntur, si palam appareant, venditorem non obligant.
Source: D. 18, 1, 43; Jackson; Weisman, 13n
Difficulty 1/5 — Foundational
Explanation
Obvious sales puffery — exaggerated praise that no reasonable buyer would take as a guarantee — does not create a warranty binding on the seller.
Where this applies
- The car salesman said it was the best car ever — is that a binding promise?
- An ad called a product 'amazing' and 'life-changing' — can I sue for false advertising?
Legal domains
Cite this maxim
NeCede Max. 5.5.11 — Those things which are said for the sake of commendation in sales, if they are plainly apparent, do not bind the seller. — D. 18, 1, 43; Jackson; Weisman, 13n (Ea quae commendandi causa in venditionibus dicuntur, si palam appareant, venditorem non obligant.)
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