Cook v. Orkin Exterminating Co
In Cook v. Orkin Exterminating Co., 227 Ariz. 331, 258 P.3d 149 (App. 2011), the Court determined that upholding contract expectations favored adherence to the remedies available under the parties' contract, writing that a fraud claim was unavailable for defendant's "alleged failure to adequately perform its promises under the Agreement." Id. at 335,20, 258 P.3d at 153.
In Cook, the Court expressly declined to consider whether the economic loss rule applied to the CFA, determining that the issue was not properly raised. Id. at 335-36,21, 258 P.3d at 153-54.