The failure to sell any goods or services in the manner and of the nature advertised
or offered, or the refusal or inability to sell any goods or services at the price
advertised or offered or in accordance with other terms or conditions of the advertisement
or offer, creates a rebuttable presumption of an intent to violate the provisions
of this chapter. No actual damage to any person need be alleged or proven for an
action to lie under this chapter. (Added 1967, No. 132, § 1, eff. April 17, 1967.)
Winey v. William E. Dailey, Inc., 636 A.2d 744 (Vt. 1993). · cites it 2ד9 V.S.A. § 2457. Plaintiff argues the presumption applies to her claim that defendant overcharged for certain labor and mate *136 rials, charged for labor and materials not used on the job and substituted inferior materials.”
Knutsen v. Dion, 2013 VT 106 (Vt. 2013). “Plaintiff objects to the trial court’s observation that plaintiff was not harmed because she had not been deceived by the challenged provisions and because her damages could be satisfied even under the limitation of liability provision.”
Knutsen v. Dion, Gardner, Vermont Ass'n of Realtors, Inc., 195 Vt. 512 (Vt. 2013). “” 9 V.S.A. § 2457. Plaintiff objects to the trial court’s observation that plaintiff was not harmed because she had not been deceived by the challenged provisions and because her damages could be satisfied even under the limitation of liability provision.”
State v. Capture the Dream, LLC (Vt. Super. Ct. 2019). “] employ “unfair or deceptive acts or practices in commerce,” and 9 V.S.A. § 2457, which provides that a violation is a “failure to sell any goods or services in the manner and of the nature advertised or offered, or the refusal or inability to sell any goods or services at the…”
Banknorth, N.A. v. Littlefield (Vt. Super. Ct. 2005). “at 136–37 (noting that 9 V.S.A. § 2457 should be read narrowly in analyzing contract formation).”
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