What contractual claim can Patricia pursue if Daniel lied about termite infestation?

In this scenario, if Daniel lied about a termite infestation, the most appropriate contractual claim for Patricia to pursue is related to fraudulent misrepresentation. This form of misrepresentation occurs when one party intentionally provides false information with the intent to deceive another party. If Daniel knowingly lied about the termite infestation to persuade Patricia into entering the contract, he has committed fraudulent misrepresentation.

Fraudulent misrepresentation involves several elements: the false statement of a material fact, knowledge that the statement was false or reckless disregard for its truth, intent to induce reliance on the statement, justifiable reliance by the deceived party, and resulting damages. In this case, if Patricia relied on Daniel’s false statement about the absence of a termite infestation when agreeing to the contract, and it caused her harm, she can pursue a claim for damages resulting from that deception.

While failure to disclose information may also be relevant in some contexts, it primarily involves situations where a party does not reveal significant facts that are relevant to the contract. However, since there is an affirmative lie made by Daniel, fraudulent misrepresentation encompasses that deliberate falsehood more accurately than merely failing to disclose relevant information.

Restitution typically involves recovering payments or benefits conferred upon another party under a contract that is later deemed