Maxim 5.5.17
Mere recommendation of an article does not bind the vendor of it.
Source: Dig. 4, 3, 37; 2 Kent, Comm. 485; Broom, Max. 781; Weisman, 13m
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Mere praise or recommendation of goods by the seller does not create a warranty — the buyer must distinguish between puffery and a binding representation.
Where this applies
- A used car dealer says the vehicle is a great car, but the buyer cannot sue based on that general praise because puffery is not a warranty.
- A realtor calls a house charming and full of character, and the buyer cannot claim breach of warranty based on those subjective compliments.
- A furniture store salesman says a couch is the most comfortable in the store — that recommendation does not create a binding guarantee.
Legal domains
Cite this maxim
NeCede Max. 5.5.17 — Mere recommendation of an article does not bind the vendor of it. — Dig. 4, 3, 37; 2 Kent, Comm. 485; Broom, Max. 781; Weisman, 13m
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