a. What are the arguments that the contracts should be set aside?

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a. What are the arguments that the contracts should be set aside?


Mrs. Audrey E. Vokes, a widow of fifty-one years and without family, purchased fourteen separate dance courses from J. P. Davenport’s Arthur Murray, Inc., School of Dance. The fourteen courses totaled in the aggregate 2,302 hours of dancing lessons at a cost to Mrs. Vokes of $31,090.45. Mrs. Vokes was induced continually to reapply for new courses by representations made by Mr. Davenport that her dancing ability was improving, that she was responding to instruction, that she had excellent potential, and that they were developing her into an accomplished dancer. In fact, she had no dancing ability or aptitude and had trouble “hearing the musical beat.” Mrs. Vokes brought action to have the contracts set aside.
a. What are the arguments that the contracts should be set aside?

b. What are the arguments that the contracts should be enforced?

c. What is the proper outcome? Explain.

Explanation & AnswerSolution by a verified expert


A statement is made by a party with superior expertise and can be taken as a statement of fact;but if the parties are to deal on equal terms, it is going tobe considered an opinion.
It can be said here that Individual Dhad superior knowledge of the dancing ability of Individual V and of its degree of development lead Individual V to keepthe contracts aside.
Even in contractual circumstances, where a party to a transaction has no obligation to reveal certain facts in its knowledge or to respond to inquiries of those facts, the partymust reveal the whole truth if it one canhassuperior knowledge.
The statements by Individual D concerning the dancing skills and potential of Individual V can be taken as statements of fact.

Verified Answer

Individual V has purchased the courses in the due influence of Individual D, who continuously used to praise and applaud Individual V for their dance practices and dancing abilities. Individual V has improved by following the instructions given in dance classes.
Individual Vis induced to purchase more courses by hiding truth about Individual V's true abilities. A basic point for any contract to be valid is the disclosure of truth to both parties.

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