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NeCede's

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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