loss-of-bargain rule

loss-of-bargain rule
n. The concept that damages for breach of contract should put the plaintiff in the position he or she would have enjoyed if the contract had been fully performed.

Webster's New World Law Dictionary. . 2000.

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  • loss of bargain rule — The concept that the amount of damages to be paid to a party in a breach of contract case should be sufficient to put that party in the position that it would have been in if the contract had been fully performed by both parties. Category:… …   Law dictionary

  • benefit-of-the-bargain rule — n. 1 In breach of contract cases, the principle that the aggrieved party is entitled from the party who breached the contract to everything that he would have received, including profits, if the breach had not occurred. 2 In cases involving fraud …   Law dictionary

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  • Loss of chance in English law — refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant s breach of contract or of the duty of care… …   Wikipedia

  • Loss leader — A loss leader or leader [ [http://www.bartleby.com/61/46/L0084600.html Leader] , The American Heritage Dictionary of the English Language: Fourth Edition , Houghton Mifflin Company, 2000.] (also called a key value item in the United Kingdom) is a …   Wikipedia

  • benefit of the bargain — benefit of the bargain: the advantage that would be or have been gained under a contract if completed as agreed; specif: the difference between the actual value of property and the value of property as it is represented in case of… …   Law dictionary

  • out-of-pocket-loss rule — A rule of damages for fraud in misrepresentation of value, quality, or condition of property, that the defrauded party is entitled not to the benefit of the bargain, but only to the amount that he is out of pocket by reason of the fraud, which is …   Ballentine's law dictionary

  • List of law topics (F-M) — NOTOC Law [From Old English lagu something laid down or fixed ; legal comes from Latin legalis , from lex law , statute ( [http://www.etymonline.com/index.php?search=law searchmode=none Law] , Online Etymology Dictionary; [http://www.m… …   Wikipedia

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