Question:
Andre is a former pro golfer and has been coaching golf players for over 10 years. He convinces Gianni that he can make him the next Tiger Woods because Gianni has "an extraordinary amount of natural talent." Gianni, however, has no such talent. Convinced by Andre, Gianni agrees to pay Andre $500 per hour for weekly golf lessons for the next 6 months. He signs contract ad pays the whole 6 months up front. Later. When Gianni realizes Andre lied to him, he sues Andre to be freed from his contract and get a refund. Gianni will most likely win on the grounds of: