Quote:
Originally Posted by Sil_liS
Book Description ( Amazon)
People around the world have found inspiration in the story of Lance Armstrong—a world-class athlete nearly struck down in his prime, who came back to win the world's most grueling test of cycling, the Tour de France. It's Not About the Bike is the story of Armstrong's journey from inauspicious beginnings through triumph, tragedy, transformation, and transcendence. Though he's a hero to millions, he never adopts a hero's pose. In his down-to earth Texas style, he tells of his childhood, early success, near-fatal cancer, recovery, survivorship, victory in the 1999 Tour de France, marriage, and first-time fatherhood. Everyone knows Lance Armstrong is a passionate and fearless competitor. It's Not About the Bike reveals what is truly heroic about the man: his depth of character and generosity of spirit. |
That sort of marketing statement drives home the point I was making about the fundamentally dishonest nature of the book.
A representor may make a statement which prima facie is technically true; however this may tell only half the story. If a statement of fact is made but the representor fails to include information which would significantly alter the interpretation of this fact, then a misrepresentation may have occurred.
If Armstrong made the same sort of claims in his promo appearances (which he no doubt did), then it clearly leaves him open to actions for fraudulent misrep.
In addition, it also leaves the publishers open to actions for innocent misrep even if they had reasonable grounds for believing that their false statements were true.
The difference between fraudulent and innocent misrep lies in the remedies available. In this case it would probably make no practical difference - the remedy would be refunding the purchase price/cost.