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ERIC Number: ED173838
Record Type: RIE
Publication Date: 1979-Aug
Pages: 21
Abstractor: N/A
Reference Count: 0
ISBN: N/A
ISSN: N/A
The Courts, the Agencies and the Advertiser: Does the Spirit Really Give Life?
Huttenstine, Marian L.; Kean, Lynn
This paper provides an analysis and review of recent court cases in which advertising was a major factor in determinations as to whether a breach of warranty or a false advertising claim existed. Special attention is given both to implied and to expressed warranty. When possible, discussion is structured to provide definitional or rule-making assistance. It is noted that courts have found that advertisements are part of the warranty if they are made to create an image for the ultimate purchaser of the product, and that even the use of disclaimer of warranty does not immunize any of the principals in the transaction. In addition, the paper notes that liability caused by a product and traceable to negligent advertising is beyond reach of disclaimer. The paper also discusses fraud, deceit, misrepresentation, and the relationship between case precedents and actions since the passage of the Magnuson-Moss Warranty Act in 1975. (Author/DF)
Publication Type: Speeches/Meeting Papers; Information Analyses
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: N/A
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism (62nd, Houston, Texas, August 5-8, 1979)