Where the representee1 has received no money or money's worth, and has simply parted with property or paid money which is irrecoverable in law2 or in fact3, or is under liability in that behalf which he is unable to dispute4, the calculation of damages is simply a matter of addition, or (in the case of liability) an estimate of present values. However, where the representee's alteration of position assumes the form of a contract with the representor5 or a third person, under which the representee has paid money and received in return property, rights or interests, for example a
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