|
3621 Damages in an action for intentional misrepresentation or fraud by a fiduciary are measured by the benefit of the bargain; evidence of the cost of repairing a house that plaintiff was induced to purchase by a real estate broker's fraud may establish the difference between what the house would have been worth if it had lived up to the broker's representations about it and what it was actually worth, thus satisfying the requirements of benefit-of-the-bargain damages.CitationFRAGALE v FAULKNER (Faithless Fiduciary) 110 CA4 229 [See: CivC 3343, 3333, 1709; Overgaard v Johnson 68 CA3 821; Salahutdin v Valley 24 CA4 555, T/AT 6/94; Alliance v Rothwell 10 C4 1226, T/AT 10/95; Hensley v McSweeney 90 CA4 1081, T/AT 8/01]
|
|
