Continental Airlines, Inc. v. McDonnell Douglas Corp

In Continental Airlines, Inc. v. McDonnell Douglas Corp. (1989) 216 Cal. App. 3d 388, specific representations about the design of the aircraft were made in brochures prepared expressly for the purchaser. (Continental Airlines, supra, 216 Cal. App. 3d at p. 399.) The court found the representations "were, in essence, representations that the DC-10 was a safe aircraft." (Id. at p. 424.) As such, they were representations of fact sufficient to form the basis of a fraud claim. (Ibid.) The court focused on the promise of safety, not that the representations were made directly to the purchaser rather than to the public at large.