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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 you imagine this working today when buying high tech equipment, or complex information services? (p 1010, Prosser)While we are far from caveat emptor, which existed hundreds of years ago, it is still taken for granted in our society that a salesperson or company representative is prone to exaggerate some of the benefits related to a product or service...
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