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Puffery
In everyday language, puffery refers to exaggerated or false praise. Puffery serves to "puff up" what is being described. In law, puffery is usually invoked as a defense argument: it identifies futile speech, typically of a seller, which does not give rise to legal liability. In a circular manner, legal explanations for this normative position describe the non-enforceable speech as a statement that no "reasonable person" would take seriously anyway. Origin In a legal context, the term originated in the 1892 English Court of Appeal case '' Carlill v Carbolic Smoke Ball Company'', which centred on whether a monetary reimbursement should be paid when an influenza preventive device failed to work. The manufacturers had paid for advertising stating that £100 would be paid in such circumstances then failed to follow this promise. Part of their defence was that such a statement was "mere puff" and not meant to be taken seriously. While the defence ultimately lost the case, the pri ...
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Carlill V Carbolic Smoke Ball Company
''Carlill v Carbolic Smoke Ball Company'' 892EWCA Civ 1is an English contract law decision by the English Court of Appeal">Court of Appeal, which held an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms. It is notable for its treatment of contract and of puffery in advertising, for its curious subject matter associated with medical quackery, and how the influential judges (particularly Lindley and Bowen) developed the law in inventive ways. ''Carlill'' is frequently discussed as an introductory contract case, and may often be the first legal case a law student studies in the law of contract. The case concerned a influenza, flu remedy called the "carbolic smoke ball". The manufacturer advertised that buyers who found it did not work would be awarded £100, a considerable amount of money at the time. The company was found to have been bound by its advertisement, which was const ...
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Menu
In a restaurant, the menu is a list of food and beverages offered to customers and the prices. A menu may be à la carte – which presents a list of options from which customers choose – or table d'hôte, in which case a pre-established sequence of courses is offered. Menus may be printed on paper sheets provided to the diners, put on a large poster or display board inside the establishment, displayed outside the restaurant, or put on a digital screen. Since the late 1990s, some restaurants have put their menus online. Menus are also often a feature of very formal meals other than in restaurants, for example at weddings. In the 19th and 20th centuries printed menus were often used for society dinner-parties in homes; indeed this was their original use in Europe. History Menus, as lists of prepared foods, have been discovered dating back to the Song dynasty in China. In the larger cities of the time, merchants found a way to cater to busy customers who had little time or en ...
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Boosterism
Boosterism is the act of promoting ("boosting") a town, city, or organization, with the goal of improving public perception of it. Boosting can be as simple as talking up the entity at a party or as elaborate as establishing a visitors' bureau. It has been somewhat associated with American small towns. History During the expansion of the American and Canada, Canadian West, boosterism became epidemic as the leaders and owners of small towns made extravagant predictions for their settlement, in the hope of attracting more residents and, not coincidentally, inflating the prices of local real estate. During the nineteenth century, competition for economic success among newly founded cities led to overflow of booster literature that listed the visible signs of growth, cited statistics on population and trade and looked to local geography for town success reasons. The 1871 humorous speech ''The Untold Delights of Duluth, Minnesota, Duluth'', delivered by Democratic U.S. Representati ...
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Sports Car
A sports car is a car designed with an emphasis on dynamic performance, such as handling, acceleration, top speed, the thrill of driving and racing capability. Sports cars originated in Europe in the early 1900s and are currently produced by many manufacturers around the world. Definition Definitions of sports cars often relate to how the car design is optimised for dynamic performance, without any specific minimum requirements; both a Triumph Spitfire and Ferrari 488 Pista can be considered sports cars, despite vastly different levels of performance. Broader definitions of sports cars include cars "in which performance takes precedence over carrying capacity", or that emphasise the "thrill of driving" or are marketed "using the excitement of speed and the glamour of the (race)track" However, other people have more specific definitions, such as "must be a two-seater or a 2+2 seater" or a car with two seats only. In the United Kingdom, early recorded usage of the "sports ca ...
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Deception
Deception or falsehood is an act or statement that misleads, hides the truth, or promotes a belief, concept, or idea that is not true. It is often done for personal gain or advantage. Deception can involve dissimulation, propaganda and sleight of hand as well as distraction, camouflage or concealment. There is also self-deception, as in bad faith. It can also be called, with varying subjective implications, beguilement, deceit, bluff, mystification, ruse, or subterfuge. Deception is a major relational transgression that often leads to feelings of betrayal and distrust between relational partners. Deception violates relational rules and is considered to be a negative violation of expectations. Most people expect friends, relational partners, and even strangers to be truthful most of the time. If people expected most conversations to be untruthful, talking and communicating with others would require distraction and misdirection to acquire reliable information. A significant amo ...
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Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ...
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Advertising
Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a specific good or service, but there are wide range of uses, the most common being the commercial advertisement. Commercial advertisements often seek to generate increased consumption of their products or services through "branding", which associates a product name or image with certain qualities in the minds of consumers. On the other hand, ads that intend to elicit an immediate sale are known as direct-response advertising. Non-commercial entities that advertise more than consumer products or services include political parties, interest groups, religious organizations and governmental agencies. Non-profit organizations may use free modes of persuasion, such as a public service announcement. Advertising may also help to reassure employees ...
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Kibibyte
The byte is a unit of digital information that most commonly consists of eight bits. Historically, the byte was the number of bits used to encode a single character of text in a computer and for this reason it is the smallest addressable unit of memory in many computer architectures. To disambiguate arbitrarily sized bytes from the common 8-bit definition, network protocol documents such as The Internet Protocol () refer to an 8-bit byte as an octet. Those bits in an octet are usually counted with numbering from 0 to 7 or 7 to 0 depending on the bit endianness. The first bit is number 0, making the eighth bit number 7. The size of the byte has historically been hardware-dependent and no definitive standards existed that mandated the size. Sizes from 1 to 48 bits have been used. The six-bit character code was an often-used implementation in early encoding systems, and computers using six-bit and nine-bit bytes were common in the 1960s. These systems often had memory word ...
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Alternative Medicine
Alternative medicine is any practice that aims to achieve the healing effects of medicine despite lacking biological plausibility, testability, repeatability, or evidence from clinical trials. Complementary medicine (CM), complementary and alternative medicine (CAM), integrated medicine or integrative medicine (IM), and holistic medicine attempt to combine alternative practices with those of mainstream medicine. Alternative therapies share in common that they reside outside of medical science and instead rely on pseudoscience. Traditional practices become "alternative" when used outside their original settings and without proper scientific explanation and evidence. Frequently used derogatory terms for relevant practices are ''new age'' or ''pseudo-'' medicine, with little distinction from quackery. Some alternative practices are based on theories that contradict the established science of how the human body works; others resort to the supernatural or superstitious to explain ...
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Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatemala, Belize, and the Caribbean Sea; and to the east by the Gulf of Mexico. Mexico covers ,Mexico
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making it the world's 13th-largest country by are ...
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Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only state geographically located within the tropics. Hawaii comprises nearly the entire Hawaiian archipelago, 137 volcanic islands spanning that are physiographically and ethnologically part of the Polynesian subregion of Oceania. The state's ocean coastline is consequently the fourth-longest in the U.S., at about . The eight main islands, from northwest to southeast, are Niihau, Kauai, Oahu, Molokai, Lānai, Kahoolawe, Maui, and Hawaii—the last of these, after which the state is named, is often called the "Big Island" or "Hawaii Island" to avoid confusion with the state or archipelago. The uninhabited Northwestern Hawaiian Islands make up most of the Papahānaumokuākea Marine National Monument, the United States' largest protected area a ...
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