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Written disclaimers must be conspicuously displayed to be valid, meaning these disclaimers must be noticeable to a reasonable person

a. True
b. false

User Claus
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1 Answer

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Final answer:

The statement that written disclaimers must be conspicuously displayed to be valid is true. They must be presented in a way that a reasonable person would notice them. This is to prevent deception and to support transparent commercial transactions.

Step-by-step explanation:

True, written disclaimers must be conspicuously displayed to be valid, meaning these disclaimers must be noticeable to a reasonable person. This requirement is predicated on the principle that for a disclaimer to be effective, it must be presented in a manner that gives a fair opportunity for the customer to notice it.

Commercial speech, including advertising and disclaimers, is regulated to ensure honesty and transparency in businesses and to prevent misleading or false statements. The Federal Trade Commission (FTC) checks factual claims about products to a certain extent. While exaggerated and ambiguous language or images may be used if not outright false, untrue facts are not allowable. The need for disclaimers to be conspicuous is aligned with the concept of caveat emptor, or 'let the buyer beware,' which signifies that buyers must also exercise caution and pay attention to the details of the purchase, including any relevant disclaimers.

User Martin Omander
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