Legal Aspects of Sales Responsibility
Misrepresentation is one of the large legal umbrellas under which many of the activities of companies and/or individuals selling products or services fall. Misrepresentation is a more broad description of the narrowly defined deceipt. Deceipt, generally, refers to "an intent to mislead", whereas misrepresentation can also be based on negligence or policies requiring strict responsibility for statements. However, most court cases have been limited to instances where the defendant intended to mislead a plaintiff. (p 1009, Prosser, Wade and Schwartz's Torts, 10th edition, Foundation Press, NY, NY, 2000)
Historically, when one was buying goods, it was understood that the seller would flat-out lie regarding their product. "Buyer beware" or "caveat emptor" was the standard practice. The responsibility fell on the purchaser of goods to research the actual quality of the product. That might have been possible in the early 17th century, but could......
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