And, finally, as a result of reliance upon defendant's promise, the plaintiff must have sustained damage. You may consider the conduct of a party making a promise, either before or after the promise was made, in determining whether there was an intention not to perform the promise when made. And, finally, as a result of the reliance upon the truth of the representation, the plaintiff must have sustained damage. If you find that plaintiff is entitled to a verdict against defendant, you must then award plaintiff damages, if any, caused by the fraud upon which you base your finding of liability. The difference, if any, between the actual value of that with which the plaintiff parted and the actual value of that which was received.
Actual value means market value.
The plaintiff acquired the property for the purpose of using or reselling it for a profit. The plaintiff reasonably relied on the fraud in entering into the transaction and in anticipating profits from the subsequent use or sale of the property. If you find that plaintiff is entitled to a verdict against the defendant, you must then award plaintiff damages in an amount that will reasonably compensate for all the loss suffered by plaintiff and caused by the fraud upon which you base your finding of liability. The amount of such award shall be the difference between the actual value of that which the plaintiff received and the value which it would have had if the fraudulent representation had been true. Indemnity is the right of one person to be compensated for a loss sustained or which will be sustained for the legal consequences of the conduct of another person.