Question

Sally is trying to bring in a new client for her gym. The client is Amy, a 30 year old woman who is in good physical condition. However, she had a child this past year and really wants to get back to her old “beach body” for the summer. Sally and Amy have the following discussion:

Sally: You look great, so what exactly is it about your appearance that you want to change?

Amy: Well, I’ve always been slender, but before I had my daughter I had chiseled abs. I was always so proud to wear a bikini. Since having my daughter, everything seems to have slimmed back up other than my midsection, and I’d really like to get it looking back the way it was.

Sally: That’s always the toughest section to tone up, but I specialize in high intensity training to get people sculpted! My coaching also includes nutrition planning in addition to training, and if you stick with my programming, do what I say, and work hard, I know we can get you back to your old body!

Amy: Sounds great, I can’t wait to get started!

Amy ends up entering into a coaching and training contract with Sally. Amy pays $350 a month, and Sally provides full meal planning for Amy as well as a training plan with personal coaching. Amy sticks with the plan religiously, and while she does get in better shape and loses some weight, she never gets back those chiseled abs she craves. Amy sues Sally for fraudulent misrepresentation, alleging that Sally misled her into entering into this contract by promising something she could never deliver. Will Amy’s suit be successful? Use IRAC Method of analysis

Answer 1

Issue: Will Amy’s suit against Sally for fraudulent misrepresentation be successful in court?

Rule: In order to prove fraudulent misrepresentation, the plaintiff must show that misrepresentation of a material fact has occurred. Fraudulent misrepresentation would occur when more than seller’s talk or puffery would be involved. Statements of opinion and predictions are not generally subject to claims of fraud. Every person must exercise reasonable care and judgment while entering into contracts instead of making an unwise bargain. While a fact is objective and verifiable, opinion is subject to debate. Hence a seller is allowed to use puffery to sell the goods or services without being liable for fraud.

Analysis: In this case Sally has used puffery to sell her service to Amy. Though Sally told that she can help her to get back her body's shape, it cannot be considered as a statement of fact. It is merely a statement of opinion as it is very difficult to tone up abs. It is a subject of debate and not objective and verifiable. Hence Sally’s statement would not be subject to claims of fraud as she is allowed to use puffery to sell her goods or services without being liable for fraud.

Conclusion: Sally would win the case and Amy will not be able to prove that Sally has performed fraudulent misrepresentation