Business Law and the Regulation of Business 11th Edition by Richard Mann, Barry Roberts

Exercise 27

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 contract should be set aside?
b. What are the arguments that the contract should be enforced?
c. What is the proper outcome? Explain.