Vokes v. Arthur Murray, Inc. case brief

Vokes v. Arthur Murray, Inc.; (Dist. Ct. of Appeal, FL, 1968); CB 453; Notes 53

• Facts: Aggressive sales technique that P would become a dance goddess. P looking to get her money back for her $31K spent for future dance lessons. Says D went beyond sales puffing and exerted undue influence, fraud.
• Rule: Generally, in order for a misrepresentation to be actionable, it must be one of fact, not opinion.
• Holding: Court uses doctrine of fraud to say that this was really abusive customer practice by pattern of high-pressure salesmanship. Court stretches doctrine to reach its conclusion. Court finds that where there is a fiduciary relationship and where the representee does not have equal opportunity to become apprised of the truth or falsity of the fact represented this constitutes misrepresentation. The representations were being used inductively; thus D was practicing unfair business practices.