Royscot v Rogerson [1991]

Measure of damages available under s2(1) is measure of
damages for the tort of deceit.
This allows recovery of all damages directly flowing
from the misrepresentation, even if not foreseeable.
[Controversial case.
Defendants were not
fraudulent, but were treated as if they had been.
McKendrick submits no justification for this anomaly –
Rules applicable to assessment of damages should be
derived from tort of negligence, not deceit]