QwikiSlim published advertisements at various dates in newspapers. The statements published in the newspapers are reproduced below:
Question:
QwikiSlim published advertisements at various dates in newspapers. The statements published in the newspapers are reproduced below:
LOSE: UNWANTED FAT IN ONLY 90 MINUTES. No costly pills. No tiring exercises. No strict diet. Our method has proven itself in the art of making you beautiful. Lose Unwanted Fat. All you have to do is sit back and relax while QwikiSlim does the work for you. You get sensational results in 90 minutes. RESULTS GUARANTEED.
Several individuals saw this advertisement and purchased QwikiSlim. However, they never saw any results and decided to sue QwikiSlim for misrepresentation. They claim that the advertisement amounts to statement of fact.QwikiSlim says it only intended the advertisement to reflect an opinion. Is this a statement of fact or opinion? If it is an opinion, could the unhappy customers still sue QwikiSlim?
Explain. Redraft this advertisement in a way that better manages the risk associated with a product that might not work for all customers.
Step by Step Answer:
Managing the Law The Legal Aspects of Doing Business
ISBN: 978-0133847154
5th edition
Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer