Conduct Invalidating Assent

Eloise Volker was a 76-year-old widow who lived alone since her husband died 45 years ago. Over the last five years, Eloise purchased twenty separate dance lessons (four per year) from the Thomas Edmonton Thurston, Academy of Dance. In total, Eloise spent $49,325 on the dance lessons. Mr. Thurston repeatedly told Eloise that she should continue her dance training. He represented that her dancing ability was improving, that she had tremendous potential, that she was responding to the instruction, and that she was becoming an excellent dancer. In fact, though, Eloise had little or no dancing ability; she was extremely uncoordinated and could not hear the musical beat. Eloise sued the Thomas Edmonton Thurston, Academy of Dance, seeking to set aside the twenty contracts and a refund the amount that she spent on the lessons.

Questions:

Based on the above information, explain each of your answers thoroughly and in detail.

• What are Eloise's best argument?
• What are Thurston's best arguments?
• Who should win?