Del. P.J.I. Civ. § 22.17

DAMAGES - FRAUD: BENEFIT OF THE BARGAIN RULE

If you find that [defendant’s name] committed fraud, then [plaintiff’s name]

is entitled to damages that will put [him/her/it] in the same financial position that

would have existed had [defendant’s name]’s fraudulent representation been true.

Your award should reflect the difference in value between the actual value of

[describe the transaction] and the value represented by [defendant’s name].

{If applicable}: This goal can also be achieved by awarding (plaintiff’s name) the

cost of putting the (item of the fraud) in the condition in which it was represented

to be — that is, the cost of repairs.

DAMAGES - FRAUD: OUT-OF-POCKET MEASURE OF LOSS

If you find that [defendant’s name] committed fraud, then [plaintiff’s name]

is entitled to damages that will give [him/her/it] the difference in value between

what [he/she/it] paid and the actual value of [describe the item fraudulently

represented]. This award of damages is intended to put [plaintiff’s name] back in

the same financial position [he/she/it] occupied before the transaction took place.