§ 18-10 Fraud - Actual Damages

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 18-10 Fraud - Actual Damages

The proper method for calculation for damages in a fraud action is the benefit of the bargain approach, according to which the plaintiff is entitled to the difference between the value he would have received if the defendant's representations had been true and the value he actually received, together with any proximately caused consequential or special damages.

The measure of actual damages in an action for fraud is the difference between the value the plaintiff would have received if the facts had been as represented and the value he actually received, together with any special or consequential loss which is the natural and proximate result of the fraud. The defrauded plaintiff may recover miscellaneous consequential losses which are the direct and natural consequence of his acting on the faith...