| Court: | Florida Court of Appeals |
| Facts: | A widow gets snowed into buying $31K worth of dance lessons, and it turns out she's wholly without takent in this area. She is mad about the sales tactics. |
| Posture: | Four complaints, all dismissed for failure to state a cause of action. The dismissal of the last complaint is appealed. |
| Issue: | Is there a cause of action here? |
| Holding: | Yes, there should be a trial. Reversed. |
| Rule: | A statement of a party having superior knowledge may be regarded as a statement of fact although it would be considered opinion if the parties were dealing on equal terms. The instructor might be required to disclose the whole truth. |
| Reasoning: | Sales puffery is OK, but misrepresentation is not. Misrepresentation, in order to be actionable, needs to be misrepresentation of fact, not opinion, and some of the inducements made seem to have the character of statements of fact (awards, for example). |
| Dicta: | |