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Jenny Lee is an appliance salesperson. To make a sale, she asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made". This is_____

1) Fraud if the statement is not true
2) Fraud if Jenny Lee believes that this statement is not true
3) Fraud if Jenny Lee is stating her opinion and not the facts
4) Not fraud

User GrahamD
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1 Answer

4 votes

Final answer:

Jenny Lee's assertion can be fraud if she knowingly states a falsehood about the product's performance, but not necessarily if the claim is subjective or if she genuinely believes the statement to be true.

Step-by-step explanation:

When Jenny Lee asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made," determining whether this constitutes fraud depends on the truthfulness of the statement and her belief in that statement. According to the Federal Trade Commission (FTC), exaggerated or ambiguous language that is not actually false is allowed in advertising. However, untrue "facts" are not permitted. Hence, the statement is fraud if Jenny knowingly makes a false statement about the refrigerator's performance (option 1). If Jenny believes the statement to be true, even if it's not, it's not necessarily fraud since the claim may be subjective. When a salesperson is stating their opinion, even if it's not a fact, this is not typically considered fraud (option 4), but it's always good practice for the consumer to heed the principle of “Caveat emptor” - let the buyer beware.

User Vamsi Krishna B
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