Youn is a successful money manager who is confident of her investment management ability and claims in her marketing brochures that her clients “will obtain a significant return on principle” by following her advice. Youn’s statement: Improperly implies a guaranteed investment return. Is not a misrepresentation if all her past clients made money on their investments with her. Misrepresents her ability as an investment manager. States an opinion and therefore cannot be a misrepresentation.
I would go with improperly implies a guaranteed investment return. It makes it sound like a sure thing. There is nothing wrong with showing past performance to show ability, but obviously past performance does not guarantee future performance. In this example Youn doesn’t even state past performance as a guideline.
Yea I think you are right. I answered the “misrepresents her ability” and I got it wrong.