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Gerda was leafing through the local newspaper when she noticed an advertisement for Modern Dance Studios Ltd. The company was promoting its dancing classes for adults. The ad featured a marketing sales promotion that offered one free trial lesson in ballroom dancing, which is very popular because of the many television shows currently featuring dancing. Gerda decided to try it out, and she had such an enjoyable time during the short trial lesson that she decided to commit to 15 weeks of lessons. Gerda Green entered into a contract with Modern Dance Studios Ltd. for 15 two-hour lessons for $750.00. The cost of the lessons was paid in advance. Gerda worked as a nurse, and took the lessons in the evening after work.
Gerda signed the dance studio’s standard form written agreement, which stated that the studio would not be responsible for sprained ankles, broken bones, or back injuries, and that she had to purchase special dance shoes to wear in the studio.
Before she had finished taking all 15 lessons, Valentino Spumoni, the charming dancing instructor, told her that she would become a wonderful dancer if she would go on. He said that if she agreed to sign up for more lessons, she would probably get the bronze medal for dancing. He showed her a picture of the winning teacher/student couple from the previous year’s international dance competition in Atlanta, Georgia, and Valentino told Gerda, “This could be our future” Also, he gave her a rose on Valentine’s Day, and in the course of a lesson whispered in her ear how smoothly she danced.
Shortly after her final lesson, Ms. Green signed a second contract to take another 30 hours of dancing lessons, over 15 weeks, for $1650.00, which was considerably more than the first set of lessons. A new instructor was thereupon assigned to her, and all compliments and personal attentions ceased.
Green commenced legal action in the Court of Queen’s Bench against Modern Dance Studios Ltd. for rescission of the second contract.
Upon what grounds might the second contract be avoided, and will the plaintiff succeed in her action?
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