False and Misleading Promotional Material

Abstract

In several breach-of-contract claims for inaccurate representations made to guests through advertising brochures, the courts have allowed guests to recover relatively large damages from findings of fraud or intentional misrepresentation. The courts have focused attention on representations that overstep permissible limits of selling behavior and looked at the totality of the statements made. If promises fail to live up to guests' reasonable expectations, the courts may find them actionable. A finding of fraud is necessary to permit recovery of punitive damages.