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    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.

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    Contracts Keyed to Marshall

    View this case in different Casebooks
    Contracts Keyed to CalamariContracts Keyed to FarnsworthContracts Keyed to MurphyContracts Keyed to AyresContracts Keyed to WhaleyContracts Keyed to Barnett

    Vokes v. Arthur Murray, Inc.

    Citation:

    212 So. 2d 906 (1968)
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    Facts

    Defendant Arthur Murray, Inc., a corporation, authorizes the operation throughout the nation of dancing schools under the name of “Arthur Murray School of Dancing” through local franchised operators, one of whom was defendant J. P. Davenport whose dancing establishment was in Clearwater. Plaintiff Mrs. Audrey E. Vokes, a widow of 51 years and without family, had a yen to be “an accomplished dancer.” So, on February 10, 1961, procured her to attend a “dance party” at Davenport’s “School of Dancing” where she whiled away the pleasant hours absorbing his accomplished sales technique. As an incident to this interlude, he sold her eight 1/2-hour dance lessons to be utilized within one calendar month therefrom, for the sum of $14.50 cash in hand paid, obviously a baited “comeon.” Also, when she still had 1100 unused hours to her credit, she was prevailed upon to purchase an additional 347 hours at a cost of $4,235.74, to qualify her to receive a “Gold Medal” for achievement, indicating she had advanced to “the Gold Standard.” All the foregoing sales promotions, illustrative of the entire fourteen separate contracts, were procured by defendant Davenport and Arthur Murray, Inc., by false representations to her that she was improving in her dancing ability, that she had excellent potential. 

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    Case Quiz

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    Q.1 - In Vokes v. Arthur Murray, Inc., the appellate court permits subjective representations to support a fraud claim. From a jurisprudential standpoint, what underlying doctrinal tension does this raise within the fraud framework, particularly as articulated in the Restatement (Second) of Contracts?
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    Incorrect. A is incorrect because §164 still allows for misrepresentation to be actionable when it induces assent — the issue is not undermining but applying the doctrine contextually.
    Correct! The appellate court’s reasoning aligns with Restatement (Second) §169(b), which allows opinions to be actionable when there's a special relationship or knowledge disparity, such as one party’s reliance on the superior expertise of another in a fiduciary-like context.
    Incorrect. C is incorrect since the ruling did not turn on omissions or nondisclosure, making §161 inapplicable.
    Incorrect. D is incorrect because the case did not involve forward-looking promises or predictive statements that §168 governs.
    Q.2 - Assuming a doctrinally purist reading of the objective theory of contract formation, which interpretive critique most directly challenges the appellate court's holding in Vokes?
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    Correct! This answer highlights the key doctrinal tension: by giving legal effect to Vokes’s subjective reliance, the court arguably departed from classical contract theory’s insistence that contractual assent is measured solely by outward, objective manifestations.
    Incorrect. B is incorrect because parol evidence concerns were not implicated; the case revolved around fraud in inducement, not written contract ambiguity.
    Incorrect. C is incorrect; unconscionability was never invoked in the appellate court’s reasoning.
    Incorrect. D is incorrect because the court was firmly grounded in established fraud doctrine rather than creating a new category of harm.
    Q.3 - Viewed through the lens of economic contract theory, particularly the law and economics movement, what critical inefficiency does the court’s reasoning in Vokes potentially introduce into the contracting marketplace?
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    Incorrect. A is incorrect because the opinion does not create de facto warranties — it limits actionable fraud to contexts of manipulation and expertise.
    Incorrect. B is incorrect because Vokes did not act out of post-performance regret but presented a sustained pattern of inducement.
    Correct! From an economic perspective, the ruling risks misclassifying persuasive, subjective representations (like praise of skill) as enforceable factual guarantees, thereby reducing contractual certainty and discouraging long-term service providers from making aspirational statements.
    Incorrect. D is incorrect as the ruling addressed formation-based fraud, not performance-related breach or Coasean surplus-maximization.

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    Topic Resources

    ™ CaseCast

    Melissa A. Hale

    ProfessorMelissa A. Hale

    CaseCast™ "What you need to know"

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    Topic Outline

    Defenses to Formation

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