Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 Massachusetts opinions name it 4 courts 1960–2005 0 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rice v. Pricegreen2 sentences2005In rejecting the plaintiffs’ request for benefit of the bargain damages, the judge cited the principle that the benefit of the bargain rule “may be modified or supplemented to prevent injustice,” id., and determined that in this case, the more appropriate measure was reliance damages. 2003In a discussion on reconciling the different rules for determining damages, Justice Cutter stated, 340 Mass. at 510 , quoting from Prosser, Torts § 91, at 570 (2d ed. 1955), “In addition ... [to damages under the benefit of the bargain rule] the plaintiff may recover for consequential damages, such as . . . expenses . . . provided they are regarded as ‘proximate’ results of the misrepresentation.” Similarly, in VMark Software, Inc. v. EMC Corp., 37 Mass. App. Ct. at 619 , the court used the phrase “proximate result of [the] misleading representations” in reference to consequential damages to w | 2 | 5 |
Zimmerman v. Kentgreen1 sentence2003In both cases, the focus was on making the injured party whole — “to restore the status quo ante, as if the transaction had never occurred.” Ibid., quoting from Zimmerman v. Kent, 31 Mass. App. Ct. 72, 82 (1991). | 1 | 1 |
Danca v. Taunton Savings Bankgreen1 sentence2002Bank, 385 Mass. at 8 (1982) (stating that Rice “approved the ‘benefit of the bargain’ rule as the measure of damages in ‘appropriate’ actions based upon deceit, i.e., fraudulent misrepresentation”); Restatement (Second) of Torts §549(2) (1977). | 1 | 1 |
Barrett Associates, Inc. v. Aronsongreen1 sentence1982In a deceit action, the plaintiff must prove “that the defendant made a false representation of a material fact with knowledge of its falsity for the purpose of inducing the plaintiff to act thereon, and that the plaintiff relied upon the representation as true and acted upon it to his damage.” Barrett Assocs. v. Aronson, 346 Mass. 150, 152 (1963), quoting from Kilroy v. Barron, 326 Mass. 464, 465 (1950). | 1 | 1 |
Kilroy v. Barrongreen1 sentence1982In a deceit action, the plaintiff must prove “that the defendant made a false representation of a material fact with knowledge of its falsity for the purpose of inducing the plaintiff to act thereon, and that the plaintiff relied upon the representation as true and acted upon it to his damage.” Barrett Assocs. v. Aronson, 346 Mass. 150, 152 (1963), quoting from Kilroy v. Barron, 326 Mass. 464, 465 (1950). | 1 | 1 |
Kilgore v. Brucegreen1 sentence1960See Kilgore v. Bruce, 166 Mass. 136, 139 (“The rule of damages is to be such as will be just, under the circumstances of the particular case”); Whiting v. Price, 172 Mass. 240, 242-243 (subsequent events taken into account in measuring difference in values received and as represented); Thomson v. Pentecost, 210 Mass. 223, 227 (“pETJuch damages are recoverable as will make the plaintiff whole under the circumstances ... in the particular case”); David v. Belmont, 291 Mass. 450, 453 (“[T]he damages recoverable are those which naturally flow from the fraud”); Schleifer v. Worcester No. Sav. | 1 | 1 |
Whiting v. Pricegreen1 sentence1960See Kilgore v. Bruce, 166 Mass. 136, 139 (“The rule of damages is to be such as will be just, under the circumstances of the particular case”); Whiting v. Price, 172 Mass. 240, 242-243 (subsequent events taken into account in measuring difference in values received and as represented); Thomson v. Pentecost, 210 Mass. 223, 227 (“pETJuch damages are recoverable as will make the plaintiff whole under the circumstances ... in the particular case”); David v. Belmont, 291 Mass. 450, 453 (“[T]he damages recoverable are those which naturally flow from the fraud”); Schleifer v. Worcester No. Sav. | 1 | 1 |
Thomson v. Pentecostgreen1 sentence1960See Kilgore v. Bruce, 166 Mass. 136, 139 (“The rule of damages is to be such as will be just, under the circumstances of the particular case”); Whiting v. Price, 172 Mass. 240, 242-243 (subsequent events taken into account in measuring difference in values received and as represented); Thomson v. Pentecost, 210 Mass. 223, 227 (“pETJuch damages are recoverable as will make the plaintiff whole under the circumstances ... in the particular case”); David v. Belmont, 291 Mass. 450, 453 (“[T]he damages recoverable are those which naturally flow from the fraud”); Schleifer v. Worcester No. Sav. | 1 | 1 |
David v. Belmontgreen1 sentence1960See Kilgore v. Bruce, 166 Mass. 136, 139 (“The rule of damages is to be such as will be just, under the circumstances of the particular case”); Whiting v. Price, 172 Mass. 240, 242-243 (subsequent events taken into account in measuring difference in values received and as represented); Thomson v. Pentecost, 210 Mass. 223, 227 (“pETJuch damages are recoverable as will make the plaintiff whole under the circumstances ... in the particular case”); David v. Belmont, 291 Mass. 450, 453 (“[T]he damages recoverable are those which naturally flow from the fraud”); Schleifer v. Worcester No. Sav. | 1 | 1 |
Selman v. Shirleygreen1 sentence1960See Selman v. Shirley, 161 Ore. 582 ; 124 A. L. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
VMark Software, Inc. v. EMC Corp.
green
1 sentence2003In a discussion on reconciling the different rules for determining damages, Justice Cutter stated, 340 Mass. at 510 , quoting from Prosser, Torts § 91, at 570 (2d ed. 1955), “In addition ... [to damages under the benefit of the bargain rule] the plaintiff may recover for consequential damages, such as . . . expenses . . . provided they are regarded as ‘proximate’ results of the misrepresentation.” Similarly, in VMark Software, Inc. v. EMC Corp., 37 Mass. App. Ct. at 619 , the court used the phrase “proximate result of [the] misleading representations” in reference to consequential damages to w | 1 | 2003–2003 |
Salter v. Heiser
green
2 sentences1960Although it has been suggested that rigid application of the benefit of the bargain rule may remove “speculation attendant in attempting to ascertain what portion of [such a] loss is attributable to the fraud and what portion ... to bad management or other factors not connected with the fraud,” see Salter v. Heiser, 39 Wash. 2d 826, 834 , the trial judge’s findings here establish that the losses of Baldwin-Rice were “direct results of the wrong.” In adopting the auditor’s findings, the judge impliedly made similar findings as to Baldwin’s and Rice’s losses. 1960Although it has been suggested that rigid application of the benefit of the bargain rule may remove “speculation attendant in attempting to ascertain what portion of [such a] loss is attributable to the fraud and what portion ... to bad management or other factors not connected with the fraud,” see Salter v. Heiser, 39 Wash. 2d 826, 834 , the trial judge’s findings here establish that the losses of Baldwin-Rice were “direct results of the wrong.” In adopting the auditor’s findings, the judge impliedly made similar findings as to Baldwin’s and Rice’s losses. | 1 | 1960–1960 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.