Where misleading or deceptive conduct affects price negotiations, the inability to prove what would have happened in hypothetical negotiations without the misleading conduct does not defeat the claim for loss or damage. A tortious analogue requiring proof that the asset was worth less than the price paid should not be imposed on Fair Trading Act claims. Pursuit of statutory remedies under the Fair Trading Act (including seeking specific performance at a reduced price) does not constitute affirmation of the contract so as to preclude later seeking avoidance. A vendor's agent who deploys 'sworn valuations' in negotiations impliedly represents that those valuations are soundly based.
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