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E.I Du Pont De Nemours and Company v. Florida Evergreen Foliage12/6/1999
awarded damages arising from the underlying misrepresentations concerning the condition of the aircraft.
Based on the foregoing analysis of Delaware decisional law, we conclude that a party alleging fraud in the settlement of a tort claim may elect rescission and restoration to the status quo ante or, alternatively, may bring an action for the recovery of special, or expectancy, damages with retention of the settlement proceeds. Accordingly, we answer the certified question in the negative.
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