Legal Question in Product Liability in California

Copy Law regarding Misrepresentation

We have a customer that wishes for us to reproduce copies for her that states that the paper it is printed on is 100% Recycled, we know that it is not since it is our paper. It has nothing to do with the broucher in general but it states something we know to be false. PLS Advise:-)


Asked on 10/28/04, 11:56 am

2 Answers from Attorneys
Daniel King Law Offices of Daniel King

Re: Copy Law regarding Misrepresentation

don't do it. your gut tells you correctly. it is misrepresentation, (a.k.a. "fraud") and why would you want to be a party to that? the job isn't worth it.

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Answered on 10/28/04, 6:31 pm
JEB Pickett Wynne Law Firm

Re: Copy Law regarding Misrepresentation

Thisis not really "product liability," but more a question of fraud or misrepresentation. Why put yourself in that position? You do not know if this client has a contract with someone else that requires the use of "100% recycled paper" so avoid any potential liabilty, no matter how slight.

Inform the client that you do not stock "100% recycled" paper and that either 1) you cannot make that representation but remain willing to complete all other aspects of the job as agreed, or 2) will have to charge more for the job to acquire such paper. Let the client decide what he/she wants to do from there.

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Answered on 10/28/04, 12:11 pm


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