In a claim for fraudulent misrepresentation1 actionable damage includes actual and temporal injury, that is, some loss of money or money's worth, or some tangible detriment capable of being quantified and assessed2. It seems that actionable damage may now also extend to injured feelings, inconvenience and mental suffering3.
It may include loss arising out of a contract entered into on the faith of the representation; loss of money paid to a third person or to the representor himself4; in certain circumstances, loss of profits, appointments or earnings5; or the equivalent in money of any destruction of, or injury to, property;
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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