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Puffing or Sales Talk
2005- Tort Liability
C - 8.1
Not every untrue statement is [deceit] [fraud]. The law recognizes that persons engaging in trade will puff up their property, that people are free with their opinions about things, and that when trading or dealing with others they indulge in what is known as puffing or sales talk. Mere expressions of opinion or predictions of future events [such as [value] [profit] [how good a product is]] or statements unlikely to deceive ordinary persons, do not constitute [deceit] [fraud] because most people are aware that persons in trade and sales indulge in that sort of conversation.
 
Smith Enterprises, Inc. v. In-Touch Phone Cards, 2004 ND 169, ¶ 20, 685 NW2d 741, 747 (opinions not actionable)
Kary v. Prudential Ins. Co., 541 NW2d 703, 705-06 (ND 1996)
Fitzgerald v. Balkowitsch, 288 NW2d 761, 763 (ND 1980)
Gershman v. Engelstad, 160 NW2d 80, 83 (ND 1968)
Sperle v. Weigel, 130 NW2d 315, 320 (ND 1964)
Lesch v. Farmers & Merch. State Bank, 211 NW 687 (ND 1926)