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4580 A defendant who conspired in the commission of the tort of fraud may be liable for all damages resulting from it, including damage that occurred before that defendant personally committed any fraudulent acts; damages for fraud connected with a transaction governed by the California Uniform Commercial Code are properly measured by the benefit-of-the bargain approach; a plaintiff suing defendants for fraudulently inducing him to pay for nonexistent goods is entitled to recover all that was paid, even though part of the payment was made, for convenience, directly to the defendants by a third person to whom plaintiff had contracted to resell the goods; plaintiff may recover, as incidental or consequential damages, lost profits sustained as a result of defendant's purported sale to plaintiff of nonexistent goods that plaintiff intended to resell; the fact that plaintiff's intended buyer demanded repayment from plaintiff does not justify an award to plaintiff of prospective damages for plaintiff's liability to the buyer unless plaintiff establishes with reasonable certainty that it would ever pay the buyer.CitationGREEN WOOD v FORCEMAN (Nonexistent Goods) 156 CA4 766 [See: CA UCC 2711, 2721, 2713, 2715; CivC 3283; Applied Equipment v Litton 7 C4 503, T/AT 5/94]
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