Howard needs a truck to pull a 2,000-pound trailer.Gordon tells Howard,"My truck will pull a 2,000-pound trailer with ease." Relying on Gordon's statement,Howard buys the truck,but it will not pull a 2,000-pound trailer.If Gordon did not intend to deceive and Howard sues for nonfraudulent misrepresentation,he can recover:

Question

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Howard can recover out-of-pocket damages (the amount he paid for the truck) and consequential damages (any additional expenses he incurred as a result of relying on Gordon's statement, such as the cost of renting another truck or delaying his plans). However, punitive damages (intended to punish Gordon for intentionally deceiving Howard) would not be appropriate since Gordon did not intend to deceive. Nominal damages (a small symbolic award) also would not be appropriate since Howard had no reason to doubt Gordon's statement and could reasonably rely on it when making the purchase.

Howard Needs a Truck to Pull a 2,000-Pound Trailer