What is the effect of section 3343(a)(2) of the California Civil Code on a Defendant who defrauded the Defendant in a fraudulent claim?
California, United States of America
The following excerpt is from Walker v. Signal Companies, Inc., 149 Cal.Rptr. 119, 84 Cal.App.3d 982 (Cal. App. 1978):
We note that part (b) of the instruction is identical to Civil Code section 3343(a)(2) which applies solely to Sellers of real property. This error in the instruction has not been raised on appeal nor do we view it as prejudicial in light of our discussion of the damages caused by the fraud. (See BAJI No. 12.56 (6th ed.), Comment, p. 499; Channell v. Anthony (1976) 58 Cal.App.3d 290, 129 Cal.Rptr. 704.)
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