How have courts interpreted section 3343 of the California Civil Code, 3.343(1) of the Civil Code?

California, United States of America


The following excerpt is from McNeill v. Bredberg, 13 Cal.Rptr. 580, 192 Cal.App.2d 458 (Cal. App. 1961):

In Bagdasarian v. Gragnon, 31 Cal.2d 744, at pages 762 and 763, 192 P.2d 935, at page 946, it was said: 'In view of the broad, general language of section 3343 of the Civil Code and the uncertainty in the law that existed both here and elsewhere prior to the adoption of that section, it is reasonable to conclude that the statute was enacted to provide a uniform rule for all fraud cases, and we can see no reason for refusing to follow the decisions which have applied it as the exclusive measure of damages. Moreover, to hold that an additional or alternative measure may be applied in some cases would create further confusion with respect to when the alternative measure would be appropriate in place of the statutory measure and whether the matter would be one for the judge, as a matter of law, or for the jury.

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