Vokes v. Arthur Murray, Inc.

District Court of Appeal of Florida, Second District

212 So.2d 906 (Fla. Dist. Ct. App. 1968)

A statement of opinion may be actionable as a misrepresentation where the party stating such an opinion possesses superior knowledge of the truth or falsity of the statement.

Relevant Facts

Audrey Vokes (the plaintiff) was induced by an attractive promotional offer and by compliments about her dancing made by J.P. Davenport, owner of an Arthur Murray franchise (the defendants), to enter into an initial contract for one month's worth of dance lessons for $14.50. Over the next year or so, the plaintiff was sold an additional fourteen dance courses totaling $31,090.45. The plaintiff sued, alleging that the defendants fraudulently induced her to purchase additional hours of dance lessons through a scheme of false representations as to her dancing prowess and rapid progress as a dancer. The defendants contended that their statements to the plaintiff were merely opinions or "puffing", which was permitted by the trade and were not misrepresentations of fact. The trial court dismissed the complaint on the ground that the plaintiff failed to state a cause of action. The plaintiff appeals.

Issue

Get access to our database of over 17,000+ case briefs today. Access our issue statements for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.

Holding & Reasoning

Get access to our database of over 17,000+ case briefs today. Access holding & reasonings for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.

Concurrence

Get access to our database of over 17,000+ case briefs today. Access all available concurrences for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.

Dissent

Get access to our database of over 17,000+ case briefs today. Access all available dissents for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.

Last updated:

December 12, 2020

Judicial Opinion

Get access to our database of over 17,000 case briefs today. Our database of judicial opinions will be released soon, for free!

Procedural History

Get access to our database of over 17,000+ case briefs today. Access the entire procedural history for every case you'll encounter in law school for a low monthly price. The largest database on the internet is now available with Lawwly, the central legal hub. Use our case briefs to comprehend your casebook readings in seconds, to supplement your notes and outlines, and to outshine your classmates. No one has a more comprehensive case brief database than Lawwly. All of our briefs are handwritten by real legal experts and law professors and our stringent editing process ensures you'll get the best quality briefs available.

Citations

212 So.2d 906 (Fla. Dist. Ct. App. 1968)