benefit of bargain rule

benefit of bargain rule
The rule of damages that a person who purchases in reliance upon fraudulent representations of the seller is entitled, in an action against the seller for the fraud, to recover as damages the difference between the real and the represented value of the property. Anno: 124 ALR 34.

Ballentine's law dictionary. . 1998.

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  • 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

  • benefit — Advantage; profit; fruit; privilege; gain; interest. The receiving as the exchange for promise some performance or forbearance which promisor was not previously entitled to receive. Graphic Arts Finishers, Inc. v. Boston Redevelopment Authority,… …   Black's law dictionary

  • benefit — Advantage; profit; fruit; privilege; gain; interest. The receiving as the exchange for promise some performance or forbearance which promisor was not previously entitled to receive. Graphic Arts Finishers, Inc. v. Boston Redevelopment Authority,… …   Black's law dictionary

  • bargain — bar·gain 1 n often attrib [Old French bargaigne negotiation, haggling, from bargaignier to haggle] 1: an agreement between parties that settles what each gives or receives (as a promise or performance) in a transaction between them compare… …   Law dictionary

  • 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 rule — n. The principle that the damages in a breach of contract or warranty case should constitute the difference between what was paid for the goods or services and what their actual value is. See also benefit of the bargain rule. Webster s New World… …   Law dictionary

  • out–of–pocket rule — n: a measure of damages from fraud used in some jurisdictions that is based on the difference between the amount paid by the plaintiff and the market value of the thing paid for rather than the value attributed by the defendant compare benefit 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

  • Fraud — Criminal law Part of …   Wikipedia

  • Contract — law …   Wikipedia

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