Question

The Next Monet, Inc., operated art schools. At one of its classes, John Picasso (no relation to the great artist) was praised by an instructor for his potential as “the next Monet.” The instructor then sold John twenty half-hour art lessons for $20.00 each. Over the next three years, the instructor continued to praise John’s artistic potential, and John bought 4,000 hours of art lessons during that period. When John realized that he still couldn’t paint a bowl of fruit, he sued The Next Monet alleging fraudulent misrepresentation. Based on the decision in Vokes v. Arthur MurrayLinks to an external site., Inc., the court in this case would most likely rule in favor of

Group of answer choices

a. The Next Monet, because the instructor did not guarantee success.

b. John, because the instructor had superior knowledge of as to whether John had artistic potential.

c. None of the above.

d. The Next Monet, because the instructor’s opinion cannot be challenged by a court that knows little about art.

Answer 1

Answer is b. John, because the instructor had superior knowledge of as to whether John had artistic potential.
This is Based on the decision in Vokes v. Arthur MurrayLinks, in which it was decided
A statement of a party having superior knowledge may be regarded as a statement of fact although it would be considered as opinion if the parties were dealing on equal terms