When a tort is committed, a contract is broken, or a duty is omitted with knowledge and for the purpose of depriving the plaintiff of certain contemplated benefits, the remote damages occasioned thereby become a proper subject for the consideration of the jury.
(Orig. Code 1863, § 3006; Code 1868, § 3019; Code 1873, § 3074; Code 1882, § 3074; Civil Code 1895, § 3914; Civil Code 1910, § 4511; Code 1933, § 105-2010.)
RESEARCH REFERENCES
C.J.S.
- 25 C.J.S., Damages, § 36 et seq.
ALR.- "Out of pocket" or "benefit of bargain" as proper rule of damages for fraudulent representations inducing, contract for the transfer of property, 13 A.L.R.3d 875.
Tenant's right to damages for landlord's breach of tenant's option to purchase, 17 A.L.R.3d 976.
Profits of business as factor in determining loss of earnings or earning capacity in action for personal injury or death, 45 A.L.R.3d 345.