What are "puffs" in the context of contract language?

In the context of contract language, "puffs" refer to promotional statements or exaggerated claims made by one party during negotiations or marketing that are not meant to be taken literally or considered legally binding. These statements are typically intended to generate interest or excitement rather than to create enforceable obligations within a contract.

For instance, if a seller touts an artwork as "the best in the world" or "a masterpiece," these assertions are likely to be viewed as puffery. They express opinions or subjective claims that do not establish specific, measurable commitments that could be legally enforced. The understanding is that reasonable parties to a contract will recognize these as mere promotional tactics rather than enforceable guarantees. Thus, in legal disputes, such statements do not hold the same weight as concrete contractual promises or representations, which are actionable if proven false.

The other options describe elements of contracts that involve binding commitments or factual assertions, which do not align with the idea of puffery being non-binding promotional language.