1. Distinguish between "puffery" ("this car hugs the road like a Ferrari") from statements of fact ("this Mustang accelerates from zero to 60 m.p.h. in 4 seconds"). The former is definitely an opinion that does not originate a warranty, while the latter is capable of empirical testing. If the car cannot reach 60 m.p.h in 4 seconds, the seller has breached an express warranty.

Have you been exposed to examples of either situation in recent advertising? Please cite an example or two. Please, no references to "Red Bull gives you wings." See related story: Red Bull Settles False Advertising LawsuitLinks to an external site..

2. Many people have heard of the 1992 McDonald's "hot coffee" case (Liebeck v McDonald's Restaurants, Inc.). It involved a woman in the passenger seat of a car that used a drive-through window at a McDonald's in Albuquerque, New Mexico. She placed a cup of coffee between her thighs when exiting the restaurant and when the driver accelerated,it spilled on her, causing third degree burns. The coffee was supposedly 190 degrees, which was alleged to be too hot. A jury awarded the plaintiff nearly $3 million.

According to the National CoffeeAssociation, "the brewing temperature of the water used is very important. It should be between 195 F (91 C) and 205 F (96 C). The closer to 205 F (96 C) the better. Boiling water (212 F - 100 C) should never be used, as it will burn the coffee. Water that is less than 195 F (91 C) will not extract properly."

Is the problem that the coffee was served in a drive through window or was the coffee itself "too hot" when served as alleged. Should people realize coffee is hot? Isn't this like burning your fingers with matches or cutting yourself with a razor blade? Was the product "defective"? Explain your answers.

Answer rating: 100% (QA)

The distinction between puffery and statements of fact lies in their verifiability and their potential to form the basis of a warranty Puffery typical... View the full answer