Hill v. Jones* was assigned for contracts. The key question is whether a seller of a house has an obligation to tell the buyers about previous termite infestations.
At one point the sellers argue, essentially, “But we thought the termites were dead!”
The court responds:
“Although sellers have attempted to draw a distinction between live termites and past infestation, the concept of materiality is an elastic one which is not limited by the termites’ health.”
Pwned. The whole misrepresentation/non-disclosure doctrine appears similar to the “lies of omission” that gets so many of us in trouble in elementary school…
Parent: “I thought you did your homework!”
Child: “I only said that I did my English homework.”
Parent: “You’re so grounded. Shoo.”
* Hill v. Jones, 725 P.2d 1115 (Ariz. Ct. App. 1986)
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