Question
Lily and Elaine signed a contract in which Lily agreed to sell real estate she owned to Elaine. In exchange, Elaine agreed to pay $500,000.00
Lily and Elaine signed a contract in which Lily agreed to sell real estate she owned to Elaine. In exchange, Elaine agreed to pay $500,000.00 to Lily. While making certain disclosures required by law, Lily made several intentional misrepresentations. However, Elaine did not discover the truth of these misrepresentations until two months after the real estate had been transferred to her and she had made the $500,000.00 payment to Lily. One of Lily's misrepresentation was there had never been any poisonous plants at the real estate; instead, the truth was that Lily had some gardeners pick the poisonous plants at the real estate just before Elaine inspected it (the poisonous plants at the real estate just before Elaine was exposed to these poisonous plants after they grew back and spent a few days in the hospital (her medical bills were $15,000.00). Elaine spent $50,000.00 to permanently remove these poisonous plants from the real estate. Elaine sued Lily for breach of contract and fraud requesting damages "in an amount according to proof." What kind/amount of damages could be awarded to Elaine? Alternatively, what kind of equitable relief could Elaine recover?
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