1. Arthur Murray, Inc. operated dancing schools throughout the nation through local franchised operators, one of which was Davenport’s “School of Dancing.” Audrey E. Vokes, a widow without family, wished to become “an accomplished dancer” and to find “a new interest in life.” In 1959, she was invited to attend a “dance party” at J.P. Davenport’s “School of Dancing.” Vokes went to the school and received elaborate praise from her instructor for her grace, poise, and potential as “an excellent dancer.” The instructor sold her ten half-hour dance lessons for $14.00 each, to be utilized within one calendar month.
Subsequently, over a period of less than fifteen months, Vokes bought a total of thirteen dance courses, which amounted to 2,174 hours of dancing lessons for a total cash outlay of $30,840.45, all at Davenport’s school. During this time, the instructors told Vokes that she was improving in her dancing ability, that she had excellent potential, that she was responding to instructions in dancing and grace, and that they were developing her into a beautiful dancer, whereas in truth, she did not develop in her dancing ability, she had no “dance aptitude,” and had difficulty in “hearing the musical beat.” When it became clear to Vokes that she did not have the potential to be an excellent dancer, she filed suit against the school to cancel the contracts and for the return of her money. Decide who will succeed, discussing the arguments for both parties. (75 points)
2.On May 31, Harter had his seventeenth birthday, although he appeared to be at least 19 years old. On June 1, he moved into a rooming house in Powelton village where he orally agreed to pay the landlady $510 a month for room and board, payable at the end of each month.
On June 7, Harter went to Bargain Bob’s Car Shop Lot and signed a contract to buy a used car on credit with a down payment of $950. Honest Hal stated that the car had been completely checked out and met all state inspection requirements, which subsequently turned out not to be so. On June 17, Harter drag-raced down Market Street and had an accident, totaling the car.
On June 30, Harter refused to pay his landlady for his room and board. He then towed the car to Bargain Bob’s and demanded his money back. The landlady sues Harter. Harter sues Bob. Who will succeed? DISCUSS THOROUGHLY ALL possible arguments for each party. (75 points)
3.Frank Morretti hired Lorraine Swanson to do electrical repairs on his auto body shop without any agreement concerning the amount to be charged for the services. Upon completion of the work, Swanson submitted a bill for $11,368, to which Morretti objected, claiming it was excessive. He requested an itemized bill, and thereafter received such a bill for $12,251. Morretti again protested, stating that $10,525 would be an appropriate price.
Although Swanson told Morretti she would not accept an offered check for $10,858 as payment for her work, Morretti sent a check for $10,858 to Swanson payable to her, bearing the notation on both the front and back, “Payment in full for roofing services.” Swanson crossed out the notation on the back of the check and deposited it. The check was paid. Swanson then sued Morretti to recover $1,393 for work performed. Swanson claimed that she had not agreed to accept less than $12,251 and that even if she had agreed, her promise was unenforceable.
Is Swanson’s contention correct? Will she collect the $1,393? DISCUSS FULLY the arguments for both parties. (100 points)
- 7 years ago
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1.Arthur Murray, Inc. operated dancing schools throughout the nation through local franchised operators, one of which was Davenport’s “School of Dancing.”Audrey E. Vokes, a widow …7 years ago