out-of-pocket rule. The principle that a defrauded buyer may recover from the seller as damages the difference between the amount paid for the property and the actual value received. Cf. BENEFIT-OF-THE-BARGAIN RULE(2). [Cases: Fraud 59(3).]
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benefit-of-the-bargain rule. 1. The principle that a party who breaches a contract must pay the aggrieved party an amount that puts that person in the same financial position that would have resulted if the contract had been fully performed. [Cases: Damages 117.] 2. The principle that a defrauded buyer may recover from the seller as
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benefit-of-the-bargain damages 交易利益损害赔偿金(→benefit of the bargain rule)
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The interest of a nonbreaching party in being put in the position that would have resulted if the contract had been performed. See expectation damages under DAMAGES; BENEFIT-OF-THE-BARGAIN RULE. [Cases: Damages 117; Fraud 59(2).]
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