puffing

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Puffing is a term in commercial law which means to convey an overstated belief about some good or service to a prospective buyer with the goal of making a sale of that good or service. This concept is distinct from fraud, in which someone makes a factual misrepresentation intending for another party to rely on that misrepresentation, who then does reasonably rely on it and suffers resulting harm. Puffery, unlike fraud, is characterized by the idea that no puffing statements could be reasonably relied upon because they are statements of opinion rather than fact. Puffing statements typically do not give rise to express warranty actions, although if even one such statement goes too far beyond the boundaries of belief, that then could serve as the basis for an action on the express warranty or fall under the implied warranty of fitness for the good or service sold. 

[Last updated in July of 2020 by the Wex Definitions Team]