The party seeking to avoid a contract under the theory of misrepresentation must prove, in part, that a misrepresentation occurred.There are multiple ways to find a misrepresentation, including, but not limited to, a statement, an action, and silence.In this context, the law will treat silence as if it were an express statement.For example, the seller of a house may fail to disclose to the buyer the existence of termites in her house.In effect, the law treats the failure to say "There are terminates in the house" as the equivalent of saying "There are no terminates in the house."

Should the law infer an assertion from silence?

What are some instances in which a person should not remain silent?