out-of-pocket-loss rule


out-of-pocket-loss rule
A rule of damages for fraud in misrepresentation of value, quality, or condition of property, that the defrauded party is entitled not to the benefit of the bargain, but only to the amount that he is "out-of-pocket" by reason of the fraud, which is the difference between the real value of the misrepresented property and the amount that he paid therefor. 37 Am J2d Fraud § 355; 55 Am J1st V & P § 573.

Ballentine's law dictionary. . 1998.

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