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Updated: March 25, 2017

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Misrepresentation will be viewed in the context of the ordinary member of the public or average customer who will take ordinary care in purchasing the goods they require. However, the average customer will depend on the nature of the particular product. The courts have generally chosen to assume that the average customer will exercise greater care in the purchase of a luxury item than in the selection of staple goods.This suggests that it will be more difficult for franchisors or licensors of luxury items to demonstrate misrepresentation.

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The Patriots’ linebacking corps has been tougher than most this season. After an injury riddled 2003 in which Rosevelt Colvin (broken hip) played only one full game and Mike Vrabel and Ted Johnson missed chunks of the season, only Roman Phifer, six weeks shy of his 37th birthday and the oldest player on the team, has missed playing time. The 6 4, 255 pound Johnson, the best run stopper among Patriots linebackers, is enjoying something of a renaissance after several injury plagued seasons.

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