• 2005 - Measure of Damages (Benefit of the Bargain)
  • C-73.00
    • Damages
    • Damages
  • The measure of damages is the amount which will compensate for all damage proximately caused by a specific misrepresentation, whether the damage could have been anticipated or not. This amount is the difference, if any, between the value of [the property] as represented and the actual value of [the property]. The difference, if any, is to be measured as of the time the representation was made. Whether the contract thereafter performed well or badly is not to be considered by you in determining the damages, if any.
    • 9-10-02
    • 32-03-20
    • Beare v. Wright, 103 NW 632, 633-35 (ND 1905)
    • Eckmann v. Northwestern Fed. Sav. & Loan Ass’n, 436 NW2d 258, 261 (ND 1989)
    • Fargo Gas & Coke Co. v. Fargo Gas & Elec. Co., 59
    • Guild v. More, 155 NW 44, 49 (ND 1915)
    • Gunderson v. Havana-Clyde Mining Co., 133 NW 554, syl. 2, 555-56 (ND 1911)
    • Sonnesyn v. Akin, 104 NW 1026, 1029 (ND 1905)
  • Notes: