§ 34-9 Utpa - Actual Damages

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

§ 34-9 UTPA - Actual Damages

Under the Unfair Trade Practices Act, any person who suffers any ascertainable loss of money or property as a result of the use or employment by another person of an unfair or deceptive method, act or practice may recover actual damages.

Actual damages or compensatory damages are damages in satisfaction of, or in recompense for, loss or injury sustained. Actual damages include special or consequential damages which are the natural and proximate result of the deceptive conduct. The phrase "actual damages" refers to common law damages, or the difference in value between that with which the plaintiff parted and that which he received.

See Taylor v. Medenica, 324 S.C. 200, 479 S.E.2d 35 (1996); Fields v. Yarborough Ford, Inc., 307 S.C. 207, 414 S.E.2d 164 (1992); Laird v. Nationwide Ins. Co., 243 S.C. 388, 134 S.E.2d 206 (1964); Collins Holding Corp. v. Defibaugh, 373 S.C. 446, 646 S.E.2d 147 (Ct. App. 2007); Wright v. Craft, 372 S.C. 1, 640 S.E.2d 486 (Ct. App. 2006); Wogan v. Kunze, 366 S.C. 583, 623 S.E.2d 107 (Ct. App. 2005), aff'd as modified,___S.C.___, 666 S.E.2d 901 (2008) (an unfair trade practices claim cannot be brought in a representative capacity); Global Protection Corp. v.

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