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Adam purchased a battery from eBay where the product image contains the eye catching text 40000mAh. But the product description in much Plainer typeset mentions that it is a 10ah battery.

Adam receives the battery the next week and finds that it is 10ah when he had wanted to buy a 10ah battery. Was Adam misled by the trader by their misrepresenting the product?

Does contra proferentum apply or some other principle?

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    Seems that he got the battery he wanted, so under the ordinary meaning of "mislead", he wasn't misled. What am I missing? This would be clearer if you put up a picture of the ad.
    – user6726
    Oct 31 at 0:36
  • Sounds like an ambiguous ad, rather than a misleading one, if the person ordering it saw both statements. Not clarifying the issue would count against liability.
    – ohwilleke
    Oct 31 at 2:29
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    Given that 40000 mAh = 40 Ah (amp-hours), this might be clearer if you stick to Ah throughout.
    – Steve Melnikoff
    Oct 31 at 9:13
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    Adam purchased a battery. Adam received a battery. Who is Bob?
    – Lag
    Oct 31 at 13:36
  • Sorry thought I’d change it up a bit because apparently people get sick of hearing about Bob but old habits die hard it seems. See edit history.
    – Seeking answers
    Oct 31 at 13:45

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Adam receives the battery the next week and finds that it is 10ah when he had wanted to buy a 10ah battery.

Reliance on the erroneous information is a necessary element to a misrepresentation claim. Since Adam actually wanted what the plainer typeset described (the 10ah battery), and then received that same thing (a 10ah battery), there is no claim in misrepresentation, no matter how egregious the misstatement in the image.

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