TortsII-Misreprensentation-Hanberry_v_HearstCorp

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Hanberry v. Hearst Corp, Court of Appeal of CA, 1969 Is a party that endorses a product liable for negligent misrepresentation? Issue Reasoning
These do not represent mere statements of opinion. ∆ held itself out as possessing superior knowledge and special information concerning the product.

Rule
A party who endorses a product for its own economic gain, and for the purpose of inducing the public to buy it, may be liable to purchasers who, relying on the endorsement, purchase the product and are injured by it. D owes a duty to the public to use proper testing procedures before issuing its seal.

Facts
∏ slipped and hurt herself on a vinyl floor when she used the new shoes she bought. The shoe was endorsed and guaranteed by ∆ and this induced ∏ to buy it. ∏ relied on the guarantees. (Good Housekeeping (∆) issued its seal of approval to a pair of slippers which Hanberry (∏) claimed were defective.)

Held Procedure P argues D argues

Reversed dismissal. ∏ sued for negligent representation. Case dismissed. ∏ appeals. ∆ either did not test the shoes or did so in a careless manner We just stated an opinion and opinion is not actionable.


				
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