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  1. Define A mere puff. A mere puff is a non-promissory statement that may be used as part of negotiations to advertise a product and induce another to enter into a contract. A mere puff is an exaggerated statement that no reasonable person would believe to be true

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  2. May 22, 2024 · Mere Puff. The term puffery comes from the case of Carlill v Carbolic Smoke Ball Company in 1892. The company made an advert claiming to pay £100 to anyone who became sick with influenza after regularly using a smoke ball. The company deposited £1,000 at a bank to show its seriousness.

  3. 1. MERE PUFFS. For the purposes of attracting custom, tradesmen may make vague exaggerated claims in adverts. Such statements are essentially statements of opinion or “mere puff” and are not intended to form the basis of a binding contract.

  4. Feb 24, 2022 · Mere puffery is the obvious overselling and exaggeration of a product. Mere puffery is legally acceptable, and a business will not be held to be liable for misrepresentation where the statement can be shown to be ‘mere puffery’.

  5. A puff is a statement which cannot give rise to legal consequences, as they are never meant to be taken literally and there is no intention to be legally bound.

  6. Apr 13, 2022 · A ‘puff’ is statement that is unlikely to be taken seriously. Under the law a ‘puff’ is not a misrepresentation. However, there can be a fine line between a statement that is obviously not meant to be taken as fact and a statement that is a misrepresentation or misleading.

  7. So off to court they went, with one of the central issues being the concept of a “mere puff” – or better known today as a marketing tactic. The Carbolic Smoke Ball Co tried to argue that that, among other things, the ad they put out was a mere puff.