Sly Salesperson sells cars

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1. Sly Salesperson sells cars. While selling a car, Sly Salesperson tells the potential buyer that “this is the best car around. It’s a great car and sips gas.” The car has an average fuel rating. Has Sly Salesperson committed a misrepresentation? Fraud? Why or why not? Does the analysis change if Sly Salesperson says the car get 40 miles per gallon, but in fact the car only gets 30 miles per gallon?