"You can lose 10 lbs a month following our carefully individually based plan, developed just for you by our skilled dieticians and medical advisors at Take It Off the Right Way"

As Pam's wedding was approaching, and she still couldn't lose the weight she wanted, she called Take it Off and set up an appointment with Dr. Know. At their first meeting, Dr. Know, related her medical experience to Pam, then she measured Pam's wrist size. When Pam questioned Dr. Know as to how wrist size was relevant, Dr. Know said that according to the experts, including the very well-known advisor to Take it Off, Dr. Saw, wrist size was a determining indicator of possible weight loss and gain, and showed Pam a chart, which indicated that Pam could easily drop 10 pounds in a month, for several months if she wished to do so based on her wrist size.

Based on the advice from Dr. Know, Pam signed up for a 3-month term, despite the horrific expense of the program, and received all her instructions and meal planning advice.

After 6 weeks of strictly following the plan she was given, Pam had lost only 3 pounds, and was feeling both upset and frustrated. She started to research reviews about Take it Off on the internet, and found that their program and advice did not work out well for most customers, and that there was in fact no medical basis for their program, as suggested by Dr. Know. She is furious, and wants to rescind her remaining contract, and return all the materials Dr. Know gave her. According to the reviews she read, many previous customers had demanded a refund but were unsuccessful despite their Take It Off plans having not resulted in any substantial weight loss.

When she approached Dr. Know, she was told that it was impossible to cancel the contract, and that the advice given was based solely on the scientific knowledge of Dr. Saw. As well, she was referred to a clause in the contract Pam had signed which said that the contract was binding for its full term, that no refunds would be given, and that there were no representations given other than those contained in the contract, none of which applied to the advice given by Dr. Know.

Advise Pam as to whether she is bound to the terms of the contract, and if not, any remedies that might be available to her, with reference to any cases discussed in class.